Federal Court of Australia
ol
CATCHWORDS
Administrative Law - Decision to deport prohibited immigrant
- application for Judicial Review - Improper exercise of power
- Scope for Review
Administrative Decisions (Judicial Review) Act 1977 (Cth.) s.5. Migration Act 1958 (Cth.) ss. 8, 18
TURNER v. THE MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS
TOOHEY J. AT DARWIN 27 MAY 1981
IN THE FEDERAL COURT OF AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 11 of 1981
we
BETWEEN SONYA GLORIA TURNER
- Applicant and
THE MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS
- Respondent
27 May 1981 CORAM TOOHEY J.
REASONS FOR DECISION
After a few entanglements this matter has emerged as
an application pursuant to s.5 of the Adminictrative Decisions
(Judicial Review) Act 1977. It seeks to review two decisions of
the Minister for Immigration and Ethnic Affairs, each made 10 Mare
1981.
Both decisions were made under the Migration Act 1958 The first declared pursuant to s.8(2) that it was undesirable that the applicant "be permitted to remain in Australia". The consequence of such a declaration was that the applicant who, as a citizen of Nev Zealand was exempt from the obligation to hold an entry permit required by Division 1 of Part II of the Act, by reason of an instrument of exemption made by the Minister on 14 February 1980.
became a prohibited immigrant.
. The second declaration, having recited that the applicant was a prohibited immigrant by virtue of s.8 in that, having entered Australia in circumstances in which Division 1 of Part II did not apply in relation to her entry she became a prohibited immigrant by virtue of s.8(3) and an entry permit having not been granted to her since becoming a prohibited immigrant, in reliance upon s.18 of the Act the Minister ordered that she be
deported from Australia.
The applicant has not challenged the power of the Minister to make either of these decisions. Until recently there was littln that a person in the applicant's position could do in relation to such decisions. There was strong if not unanimous authority that the Minister might issue a deportation order under s.18 without first
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