Federal Court of Australia
CATCHWORDS
Administrative Law - Deportation of illegal immigrant - Application for review - Whether a breach of the rules of natural justice occurred - whether the decision to deport
was an improper exercise of power - whether prohibited immigrant
was person aggrieved.
Administrative Decisions (Judicial Review) Act 1977 .s.5 Migration Act 1958
MOHAMED WAHIB FOUAD SAFADI v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
N.S.W. G.144 of 1981
FRANKI J. 10 November 1981
SYDNEY.
IN THE FEDERAL COURT OF AUSTRALIA)
NEW SOUTH WALES DISTRICT REGISTRY) No. G.144 of 1981
GENERAL DIVISION )
BETWEEN: MOHAMAD WAHIB FOUAD SAFADI Applicant
AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS. Respondent
SYDNEY
10 November 1981.
REASONS FOR JUDGMENT
FRANKI J.
Mohamad Wahib Fouad Safadi ("the applicant") seeks a review of the decision of the Minister for Immigration and Ethnic Affairs ("the Minister") of 14 October 1981 wherein the Minister
ordered that the applicant be deported from Australia ee. in
pursuance of the power conferred upon me by section eighteen of
the Migration Act 1958".
The application is brought under provisions of the
Administrative Decisions (Judicial Review) Act 1977 ("the Act").
The section most relevant is 5(1)(a), 5(1)(e) and 5(2) which I
set out:
"5.(1) A person who is aggrieved by a decision to which this Act applies that is made after the commencement of this Act may apply to the Court for an order of review in respect of the
2.
decision on any one or more of the following grounds:
(a) that a breach of the rules of natural justice occurred in connexion with the making of the decision;
{b) .e. (c) ... (d) ...
(e) that the making of the decision was an improper exercise of the power conferred by the enactment in pursuance of which it was purported to be made;
(2) The reference in paragraph (1)(e) to an improper exercise of a power shall be construed as including a reference to -
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