Federal Court of Australia
CATCHWORDS
Immigration - deportation - whether the immigrant status
of the proposed deportee need be decided.
Appeal - Administrative Appeals Tribunal - immigrant status of proposed deportee assumed before Tribunal - whether an
error of law by Tribunal in not deciding the question.
Migration Act 1958, s.13, sub-s.14(2).
Administrative Appeals Tribunal Act 1975, ss.43, 44.
STEVAN KUSWARDANA v. THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
N.S.W. No. G113 of 1980
Coram: Bowen C.J., Fox and Deane JJ.
Date: Monday, 1 June, 1981
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N.S.W. No. G113 of 1980
ee eee
GENERAL DIVISION
ON APPEAL from the Administrative Appeals Tribunal
BETWEEN: STEVAN KUSWARDANA
Applicant AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent ORDER
JUDGES MAKING ORDER: Bowen C.J., Fox and Deane JJ.
DATE OF ORDER: 1 June, 1981
WHERE MADE: Sydney
THE COURT ORDERS THAT:
1. THE decision of the Administrative Appeals Tribunal of 21 October, 1980 affirming the order of the Minister for Immigration and Ethnic Affairs to deport Stevan Kuswardana be set aside.
2. THE matter be remitted to the Administrative Appeals Tribunal to be heard and decided again.
3. THE respondent pay the applicant's costs.
IN THE FEDERAL COURT OF AUSTRALIA)
) NEW SOUTH WALES DISTRICT REGISTRY) N.S.W. No. G113 of 1980
) GENERAL DIVISION )
ON APPEAL from the Administrative Appeals Tribunal
BETWEEN:
STEVAN KUSWARDANA
Applicant
AND:
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent CORAM: Bowen C.J., Fox and Deane JJ. 1__June, 1981. REASONS FOR JUDGMENT BOWEN C.J.: This is an appeal from a decision of the
Administrative Appeals Tribunal affirming a decision of the Minister of State for Immigration and Ethnic Affairs ("the Minister") made on 4 June 1980 under s.13 of the Migration Act 1958 ("the Act") that the applicant, Stevan Kuswardana, be deported from Australia. In accordance with the provisions of
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