Federal Court of Australia
CATCHWORDS
Administrative Law - Immigration - Deportation Order - Application
for order of review - Migration Act ss. 6, 7, 11, 14, 20, 27 - Regularisation of Status Program (ROSP) 1980 considered -
entry permit - temporary entry permit - whether prohibited immigrant for 5 years — deportation - private overseas student - nature of discretion to grant resident status - whether rules
of natural justice apply - whether applicants had legitimate expectation - whether Minister erred in law in refusing
resident status - whether applicants entitled to opportunity to make
representations.
Production: Sensitive departmental documents subpoenad - production to applicants objected to - affidavit by Attorney- General — documents tendered to court - whether public interest in administration of justice outweighs public interest in maintaining confidentiality of documents - assistance to court by Counsel for Crown on question of disclosure ~ power of courts exercising Federal Jurisdiction to determine what documents available for inspection part of judicial power
of Commonwealth vested in courts - not open to Parliament to limit.
Administrative Decisions (Judicial Review) Act, 1977
Migration Act 1958
HAYDAR HAJ-ISMAIL AND MONA AHDAB HAJ-ISMAIL v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
(No. G.68 of 1981)
CORAM: ELLICOTT J.
DATE: 25 AUGUST, 1981
PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.68 of 1981
GENERAL DIVISION
BETWEEN: HAYDAR HAJ~ISMAIL MONA AHDAB HAJ-~ISMAIL
Applicants
AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
ORDER
JUDGE MAKING ORDER: Ellicott J. DATE OF ORDER: 25 August 1981
WHERE MADE: Sydney
THE COURT:
1. DECLARES that the decision of the Minister of 26 March
1981 is void and of no effect and ORDERS that it be
set aside. 2. DIRECTS that the applications for resident status of
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