FEDERAL COURT OF AUSTRALIA

Fernando v Minister for Immigration and Citizenship (No 4) [2008] FCA 1218

WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO v MINISTER FOR IMMIGRATION AND CITIZENSHIP

WAD 202 of 2007

SIOPIS J

13 AUGUST 2008

PERTH

THE COURT ORDERS THAT:

1.                  The applicant’s application filed on 15 October 2007 is dismissed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

REASONS FOR JUDGMENT

1                     This application was commenced by the applicant, Mr Fernando, on 15 October 2007 before Mr John Robert Broderick Ley was appointed by the Court as Mr Fernando’s tutor for the conduct of this proceeding.

2                     In this proceeding, as in the appeal proceeding No WAD 103 of 2007 and in application No WAD 111 of 2007, Mr Fernando claims compensation in respect of the three year and three month period during which he says he was unlawfully detained in immigration detention.

3                     The same considerations as described in my reasons for decision in Fernando v Minister for Immigration and Citizenship (No 3) [2008] FCA 1217 apply to this case.  For the same reasons as are set out in those reasons for decision, I dismiss this application filed on 15 October 2007.  I will hear the parties on costs.

Associate:

Dated:              13 August 2008