Capello v Minister for Immigration and Ethnic Affairs [1980] FCA 184

Administrative Law

CATCHWORDS

- Decision to deport prohibited

immigrant - Application for stay of proceedings under

@Gecision - Whether rules of natural justice applicable

- Whether arguable case made out.

Administrative Decisions (Judicial Review) Act 1977

(Cth.) s.15.

Migration Act, 1958 (Cth.) s.18.

ALDO CAPELLO v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

No. G 126 of 1980

Franki J.

3 December 1980

Sydney.

& wed TE 7 -( A o> ~ 4 [fe GE ge (07 POF cat '

IN THE FEDERAL COURT OF AUSTRALIA)

NEW SOUTH WALES DISTRICT REGISTRY) No. G126 of 1980

GENERAL DIVISION )

BETWEEN: ALDO CAPELLO Applicant

AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS.

Respondent ORDER JUDGE MAKING ORDER: FRANKI J. DATE OF ORDER: 3 December 1980 WHERE MADE: Sydney. THE COURT ORDERS THAT: 1. The Application for further order under section 15

of the Administrative Decisions (Judicial Review)

Act 1977 is refused.

2. The applicant pay the respondent's costs of this application.

3. Liberty is given to either party to f1x a date

for a directions hearing on seven days notice

to the other party.

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY )

) GENERAL DIVISION )

No. G.126 of 1980.

BETWEEN: ALDO CAPELLO Applicant

AND: MINISTER FOR IMMIGRATION

AND ETHNIC AFFAIRS. Respondent.

CORAM: Franki J.

3 December 1980.

REASONS FOR JUDGMENT.

This is an appropriate case in which to deliver judgment orally and without delay. It is an application by Aldo Capello for the stay or suspension of a deportation order sought under Section 15 of the Administrative

Decisions (Judicial Review) Act 1977 ("the Act").

A deportation order was made by the Minister of State for Immigration and Ethnic Affairs dated 17 November 1980 ordering the deportation of the applicant under Section 18 of the Migration Act 1958. The relevant part of the deportation order reads: