Federal Court of Australia
Adminislirative haw - depertation order - application for Order
ce
of Review - nature and purpose of Minister's duty - duty tio
consider all the circumstances as a matler of realit, not as
formal exercise - faiJme to take into account a relevant consideration - extent to which applicant's deportation would
prejudice pending claim for compensation in Victoria' Supreine
Court.
Administrative Decisions (Judicial Feview) Act 1977
ss.5(1){e), 15 and 16.
Migration Act 1958 5.16.
YUNUS ATES v. THE HONOURABLE MR. JOHN CHARLES HODGES MINTSTFR
OF STATE POR TMHMIGRATTON AND RTHNTC AFFATRS, AND THE
COMMONWEALTH OF AUSTPALIA
VG No. 3 of 1983
Smithers J.
3 March 1983
Melbourne.
IN THF FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VG No. 3 of 1983
GENTRAL DIVISION
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Between: YUNUS ATES
(Applicant)
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THE HONOURABLE MR.
CHARLES HODGES MINISTER
OF STATE FOR IMMIGRATTON
AND ETHNIC AFFATRS,
AND
THE COMMONWEALTH OF AUSTRALIA
(Respondents)
Judge Making Order: Smithers J.
Date of Order: 3 March 1983 Where Made: Melbourne. e ORDER
THE COURT ORDERS THAT:
l.
The operation of the decision dated 4 January 1983 of the Minister for Immigration & Ethnic Affairs to deport the applicant be suspended and the applicant be no longer kept in custody pursuant to that decision or pursuant to
the deportation order
The abovementioned order is made on the following
conditions:
(a) That the applicant's brother provide security by way of equitable charge of his residential property to the satisfaction of
the Registrar in the sum of $5,000.
(b) That the applicant every Tuesday and Friday report in person to the officer for the time being tn charge of the police station at Coburg in the said State of Victoria hetween the hours of 9.00 a.m. and 11.00 a.m. or such other hours as to be agreed hy the Senior Migration Officer in charge of
Residence Control in Melbourne.
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