Federal Court of Australia
CATCHWORDS
Immigration and aliens — deportation order - application for stay
pending appeal
Migration Act, ss.13, 20 and 66E
BRETT ANTHONY COLLINS v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
No. G209 of 1982
CORAM: Bowen C.J., Ellicott and Fitzgerald JJ.
17 November, 1982
Sydney.
IN THF FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G209 of 1982
GENERAL DIVISION
BETWEEN: BRETT ANTHONY COLLINS Appellant AND: MINISTER FOR IMMIGRATION
AND ETHNIC AFFAIRS
Respondent
ORDER
JUDGES MAKING ORDER Bowen C.J., Ellicott and Fitzgerald JJ.
oo
DATE OF ORDER 17 November 1982
WHERE MADE Sydney
THE COURT ORDERS THAT:
1. The application by the appellant for a stay of Operation of the deportation order made by the respondent on 4 July 1980 be dismissed.
2. Brett Anthony Collins pay to the Minister his costs of the application.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G209 of 1982
GENERAL DIVISION
BETWEEN: BRETT ANTHONY COLLINS Appellant AND: MINISTER FOR IMMIGRATION
AND ETHNIC AFFAIRS
Respondent
CORAM: Bowen C.J., Ellicott and Fitzgerald JJ.
17 November 1982
REASONS FOR JUDGMENT
This is an application for a stay of the operation of a deportation order made by the Minister for Immigration and Ethnic Affairs on 4 July 1980 in respect of Brett Anthony Collins. The stay is sought pending the hearing and determination of an appeal which has been lodged against a decision of the Administrative Appeals Tribunal constituted by Davies J. given on 28 October 1982. This decision was to the effect that the Minister's decision given on 21 September 1982 wherein he decided not to interfere with the deportation order
of 4 July 1980 was a decision pursuant to section 20 of the
Migration Act.
= ee eee
2.
The notice of appeal, which we were informed was filed and served on 15 November 1982, raises the question of law whether the decision of Davies J. may be reviewed pursuant to s.66E of the Migration Act.
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