Federal Court of Australia
we eta te *
2 Saat
fend mat mee ee at ee tte Las te ae
CATCHWORDS
immigration _and Aliens ~- prohibited immigrant - decision to
deport ~ custody pending deportation - claim for refugee status.
Administrative Law - application for Order of Review - application
for stay of proceedings under decision - motion seeking inter- locutory injunctions requiring release of prohihited immigrant from custody pending hearing and determination of application for Order of Review and claim for refugee status - whether rules
of natural justice applicable.
'
power to grant interlocutory injunctions as sought - whether
prima facie case made out ~ discretion - factors considered ~
policy of Migration Act.
Administrative Decisions (Judicial Review) Act 1977 ss.5, 8,
Federal Court of Australia Act 1976 ss.19, 23.
Migration Act 1958 ss.18, 20, 41.
NURAL PIROGLU v. THE HONOURABLE IAN MACPHEE, MINISTER OF STATE
FOR_IMMIGRATION AND ETHNIC AFFAIRS and THE COMMONWEALTH OF AUSTRALIA
Federal Court of Australia V.C. No. Si of L981
Coram: Northrop J. Melbourne
18 June 3981.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY ) No. V.G. 81 of 1981 ) )
GENERAL DIVISION
BETWEEN: NURAL PIROGLU Applicant and THE HONOURABLE IAN MACPHEE, MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS and THE COMMONWEALTH OF AUSTRALIA Respondents NORTHROP J. REASONS FOR JUDGMENT 18 JUNE 1981.
On 28 April 1981, a delegate of the Minister of State for Immigration and Ethnic Affairs, in the exercise of powers conferred by s.18 Migration Act 1958 made an order that Nural Piroglu be deported from Australia. The order was made on the basis that Nural Piroglu was a prohibited immigrant by virtue of s.7 of the Migration Act in that he was the holder of a temporary entry permit which had expired, s.7(3), and no further entry permit applicable to him came into force upon that expiration or had been granted to him since. On 12 May 1981 Nural Piroglu was to be placed on board an aeroplane for carriage out of Australia ona flaght which, after several earlier landings outside
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