Federal Court of Australia
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CATCHWORDS
i Administrative Law - Judicial review - deportation of prohibited x immigrant - whether Minister's delegate bound in the exercize of " his discretion under s. 18 to consider the particular circumstances of the proposed deportee ~ whether such
consideration given.
Administrative Decisions (Judicial Review) Act 1977 - s. 5
Migration Act 1958 - ss. 18, 38(3A) and 41
4 AFFAIRS NO. VG 204 of 1982 CORAM : KEELY J. a DATE : 22 MARCH, 1983 : PLACE : MELBOURNE
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IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 204 of 1982 ) )
GENERAL DIVISION '
,
BETWEEN : EMMA ESTRADA TAGLE Applicant AND : THE MINISTER FOR ~ IMMIGRATION AND ETHNIC AFFAIRS Respondent 22 MARCH, 1983 KEELY J.
REASONS FOR JUDGMENT
On 17 December, 1982 a delegate of the respondent Minister for Immigration and Ethnic Affairs (the delegate) made a decision to order the deportation of Emma Estrada Tagle (the applicant) under s. 18 of the Migration Act 1958. The applicant
challenged the decision in proceedings brought under the
Administrative Decisions (Judicial Review) Act 1977 (the
Judicial Review Act) by application filed 23 December, 1982. At the end of the hearing on Thursday last, 17 March, 1983, I made an order setting aside the delegate's decision, without waiting for the preparation of these reasons for judgment. I followed that unusual course because the applicant, who had been arrested on 7 December, 1982, was still being detained in custody at
Pentridge Gaol and the respondent's counsel informed the court
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