Akpan, A.D. v Minister for Immigration & Ethnic Affairs [1982] FCA 51

CATCHWORDS

Immigration and aliens - decision to deport prohibited

immigrant - Minister alleged to have taken into account

irrelevant considerations and failed to take into account ' relevant considerations - information before Minister

alleged to have been incorrect - whether in the circumstances, assuming such information to be wrong, it can be said that relevant or irrelevant considerations are involved - extent

of power of Minister to deport - Migration Act 1958, ss.7 and

18, Administrative Decisions (Judicial Review) Act 1977, s.5.

ANIEFIOK DANIEL AKPAN v. JAN MALCOLM McPHEE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

No. G. 16 of 1982

Coram: Sheppard J. SYDNEY 7 April, 1982

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

BETWEEN

No. G 16 of 1982

ANIEFIOK DANIEL AKPAN

Applicant

IAN MALCOLM McPHEE MINISTER FOR IMMIGRATION AND

ETHNIC AFFAIRS

Judge Making Order: Sheppard J.

Date of Order: 7 April, 1982 Where Made: Sydney ORDER

THE COURT ORDERS THAT

Respondent

The application be dismissed with costs.

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY No. G 16 of 1982 GENERAL DIVISION

BETWEEN ANIEFIOK DANIEL AKPAN Applicant AND TAN MALCOLM McPHEE.

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS J

Respondent CORAM: SHEPPARD J. 7 April, 1982

REASONS FOR JUDGMENT

By her amended application in this matter the applicant seeks judicial review of a decision made by the respondent Minister to deport her. The decision was made on 20 January, 1982, and pursuant to it a deportation order was signed. Judicial review is sought pursuant to s.5(1)(e) of the Administrative Decisions (Judicial Review) Act 1977 ("the Judicial Review Act"). Sub-section (2) provides, inter alia, that the reference in paragraph 1(e) to an improper exercise of a power shall be construed as including a reference to: