Federal Court of Australia
CATCHWORDS
Administrative Law -— Judicial review ~ deportation of a prohibited
immigrauc ~ whether the Minister's delegate 1s obliged to consider the particular circumstances of a prohibited immigrant before erdering that person's deportation pursuant to s.18 of the Migration Act ~ whether the delegate is bound to take relevant considerations into account in the exercise of the power - whether the delegate is bound to have regard to the merits of the particular case before deciding whether to exercise his discretionary power in accordance with a rule or policy - whether
the delegate so acted.
Administrative Decisions (Judicial Review) Act 1977:- ss.5, 16
Migration Act 1958:- ss.6, 7, 10, 11B, 15, 16, 18, and 27
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS .
v EMMA ESTRADA TAGLE
No. VG 53 of 1983
SWEENEY, WOODWARD and FITZGERALD JJ. MELBOURNE 28 July 1983 .
IW THE FEDERAL COURT OF AUSTRALT4 )
< Hi a | QO vs] ow eo) les) Hu Ww | w ro a ol Bs] 2) [oy ad uwbe te ee
No. VG 53 of 1983
GENERAL DIVISTON
BETWEEN:
THE MINISTER FOR TMMIGRATION
AWD ETHNIC AFFAIRS Appellant and
EMMA ESTRADA TAGLE Respondent ORDER
JUDGES MAKING ORDER: Sweeney, Woodward and Fitzgerald JJ.
DATE OF ORDER:
WHERE MADE:
28 July 1983
Melbourne
THE COURT ORDERS THAT:
The appeal be dismissed.
The appellant pay the respondent's costs of and
incidental to the appeal.
we o~
IN THE FEDERAL COURT OF AUSTRALTA ) HE FEDERAL COURT OF 4 j VICTORIA DISTRICT REGISTRY ) }
)
No. VG 53 of 1983
GENERAL DIVISTON
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT
BETWEEN: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Appellant and "EMMA ESTRADA TAGLE Respondent
CORAM: Sweeney, Woodward and Fitzgerald JJ.
DATE: 28 July 1983
REASONS FOR JUDGMENT
This appeal raises questions as to the extent to which the delegate of the Minister for Immigration and Ethnic Affairs was obliged to consider the circumstances of thé applicant, a
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