I was told this morning that the Immigration will fly me tomorrow with no wallet, no credit card, no money, no mobile, no computer, no key to the home, no nothing. I seriously considered whether I should apply to the court for a variation of the order which the judge made on his return from holidays on Monday. The order the judge made is that the Respondent produce the Applicant to the Court for the judgment in Brisbane. What can I do if I get the order I am seeking, namely, the Applicant be released from detention forthwith? I will be thrown out to the street with no money, no card, no mobile, not even the key to my home! Contacting here and there and try to prepare for all the possibilities, my day has gone.
Then in the evening, I received an eye-popping email from the lawyers for the Respondent. I am copying the first three paragraphs.
'We refer to the above matter and the Orders made Xday February 2018, requiring the Minister to produce the applicant before the Court for judgment at 2.15pmon Yday February 2018.
The Department, on behalf of the Minister, has endeavoured to comply with these Orders, however, we advise that the Department will be unable to produce the applicant before the Court in Brisbane tomorrow, in circumstances where the applicant has, late this afternoon, been refused uplift from the airline carrier. All efforts by the Department have been made today to facilitate his Honour's Order, but the Department has been unable to obtain necessary uplift approvals from the airline to facilitate the transfer of the applicant from Sydney to Brisbane.
The Department is unable to coordinate urgent overnight travel due to safety and security concerns. We are instructed that a longer period of notice is required to transfer the applicant via road from Villawood IDC to Brisbane.'
Whaaaaaat! Some airline refused to take me!! It cannot be because of me because I have been flying around. So some airline must have decided to refuse to take a Villawood detainee. Old days, Qantas did not accept Villawood detainees so it is not particularly surprising if it does the same thing again. It is good for my friends here if Qantas resumed that old policy. Everyone will be a bit safer.
Anyway, the next two paragraphs are even more remarkable.
'We advise that the Department is able to facilitate the applicant's attendance before the Court by way of video link from Villawood IDC. Alternatively, the Department is able to produce the applicant before the Court in Sydney for the purposes of attending by video link from the Sydney Registry.
If his Honour's preference is for the applicant to attend judgment from the Sydney Registry of the Federal Court, we ask that the Court advise us by no later than 10am (Qld time), so that transportation arrangements can be made to produce the applicant before the Court. We advise that travel time between Villawood IDC and the Sydney Registry is approximately 1.5 hours.'
Wow! The judge will be furious when he reads this tomorrow morning. You know, he is not used to being ordered what to do!!
My Partner said to me that the judge will be able to do something. I bet he can't. The Immigration may keep me here regardless of the judgment...