Rifki, Radouane v Minister for Immigration and Ethnic Affairs [1983] FCA 8

CATCHWORDS

Administrative Law - deportation order - application

.for Minister to give reasons for decision under

Administrative Decisions (Judicial Review) Act 1977 s.13(5} - application for stay pending hearing - power of Court under Federal Court of Australia Act 1976 s.23 to grant interlocutory injunction to restrain

deportation by the respondent

Administrative Decisions (Judicial Review) Act 1977 ss.13(1),13(5

Federal Court of Australia Act 1976 s.23

RADOUANE RIFKI v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

No. WA G4 of 1983

CORAM : TOOHEY J.

3 February 1983

Perth.

oo

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA

DISTRICT REGISTRY GENERAL DIVISION

No. WA G4 of 1983

BETWEEN:

RADOUANE RIFKI Applicant and

THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

CORAM: TOOHEY J.

3 February 1983

EX TEMPORE REASONS FOR JUDGMENT

The urgency of this application requires that it be

dealt with now. .

The applicant seeks a review of what is alleged to have been a decision by the respondent on 26 January 1983 refusing to furnish to the applicant a statement of reasons for a decision made by the respondent on 16 November 1982.

That earlier decision was made pursuant to s.18 of the Migration Act 1958 and ordered the deportation of the applicant as a prohibited immigrant. ,

That earlier decision is not yet the subject of any application to this Court. Counsel for the applicant

acknowledged that whether any steps are taken to review

the earlier decision is dependent upon obtaining reasons

for it, hence the present application. Counsel for

the respondent did not dispute the proposition

that a decision to deport made pursuant to s.18 of the Migration Act is a decision to which the Administrative

Decisions (Judicial Review) Act 1977 applies, hence a

decision amenable to the jurisdiction of the Federal Court under the provisions of the latter Act.