Federal Court of Australia

Migration matters (2000/2)

Introduction

This Notice applies to proceedings commenced in the New South Wales District Registry of this Court pursuant to the Migration Act 1958, other than applications filed by or on behalf of the Minister for Immigration and Multicultural Affairs ("the Minister") . A copy of this notice will be provided for their information to applicants who are not represented by a legal practitioner and who commence a relevant Migration Act application in this Registry.

Copy Documents

The Minister will, through his or her solicitors, prepare for the Court a bound or stapled bundle of documents relevant to the application. The bundle of documents will consist of legible photocopies of the documents in the possession or power of the Minister including the decision under review which, from the application and any particulars provided, appear to be relevant to the review. That bundle of documents will not, however, include a copy of any transcript of proceedings before the Immigration Review Tribunal or Refugee Review Tribunal. The bundle of documents (usually called the "Green Book" as it has a green cover) will:

• be arranged as near as practicable in chronological order from the earliest to the latest;
• have each page numbered consecutively;
• have an index attached to its front containing a brief description of each document; and
• be filed in the Registry with a copy served on the applicant as soon as possible after the Department of Immigration and Multicultural Affairs ("the Department") receives a copy of the application.

At the first Directions Hearing in the proceedings, the Court may give directions with respect to the filing of any further documents.

Service of Application

To ensure that the Minister will have early notification of relevant Migration Act applications, the Registry will, upon filing, forward a copy of any such application by facsimile transmission to a dedicated facsimile number at the Department in Canberra . This will allow the bundle of documents (required to be prepared as above) to be filed and served as soon as possible. On receiving a facsimile of an application from the Registry, the Department will immediately allocate the application to a firm of solicitors. That firm will then immediately contact the applicant or his or her legal representatives and identify itself as having instructions from the Minister in that proceeding.

The forwarding of that copy of the application to the Department by the Registry will not, however, constitute service on the Minister. Applicants will need to comply with Order 4 Rule 11 of the Federal Court Rules. They can do so by serving a sealed copy of the application on a departmental employee at the nearest office of the Department.

Applicants in Detention or Custody

The provisions under this heading apply to all relevant Migration Act applications.

Where the applicant is in a detention centre, e.g. Villawood, the Registry does not make arrangements to have the applicant brought to the Court. The Minister's solicitors will make arrangements with the detention centre for the applicant's attendance at Court on specified dates as necessary.

Where the applicant is in custody, e.g. Long Bay Remand Centre, and his or her attendance is necessary in Court, litigants or their representatives will need to advise the Registry that the applicant is in custody, the name of the custodial institution and the reason the applicant's attendance is required. Adequate time should be allowed to enable the Registry to refer any such request to a Judge of the Court to consider making an order that the applicant be brought to Court; to give notification of that order, if made, to the relevant institution; and for that institution to make necessary arrangements to act upon any such order.

John Mathieson
District Registrar
7 July 2000