Federal Court of Australia
CATCHWORDS
Administrative Law —- prohibited immigrant - application to stay
deportation order following cancellation of entry permit - application for release from custody pending final determination of order of review - Matters to be considered — whether "arguable" or "prima facie" case
made out
Adminrstrative Decrsions (Judicrat Revrew) Act 1977 ss, 5, 15
Migration Act 1958 ss. 6, 7, 18
GITSADALAN GATLLARD v. THE MINISTER FOR -IMMIGRATTON AND ETHNIC AFFAIRS
NO. A.C.T. G. 1 OF 1983
LOCKHART J, AT SYDNEY 21 JANUARY 1983
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN;
ORDERS
JUDGE MAKING ORDERS:
WHERE MADE: DATE OF ORDERS:
THE COURT ORDERS THAT:
10, A.C,.T, G, 1 OF 1983
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GITSADALAN GATLLARD Applicant
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
LOCKHART J.
AT SYDNEY
21 JANUARY 1983
1. The application for an order staying the order of the
respondent that the applicant be deported from Australia
and for an order that the respondent be restrained from
detaining her in custody pending the hearing of her
substantive application for an order of review he dismissed;
2, The aoplicant pay the respondent's costs of the application,
IN THE FDODERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
NO. A.C.T. G. 1 OF 1983 DISTRICT REGISTRY 0. A.C.T. G F
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GENERAL DIVISION
BETWEEN: GITSADALAN GAILLARD
Applicant AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
REASONS FOR JUDGMENT
EX TEMPORE 21 JANUARY 1983 LOCKHART J. This is an application by Gitsadalan Gaillard ("the
applicant") pursuant to s. 15 of the Administrative Decisions (Judicial
Review) Act 1977 ("the Judicial Review Act") for an order staying an order of the Minister for Immigration and Ethnic Affairs ("the respondent") that the applicant be deported from Australia, The stay is sought pending the hearing of the substantive apolication of the applicant for an order of review under the Judicial Review Act, The applicant also seeks an order that the respondent be restrained from detaining her in custody pending the hearing of the lastmentioned application,
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