Federal Court of Australia
CATCHWORDS
Administrative Law judicial review - cancellation of a temporary entry permit and deportation order made -~ whether the Minister is bound to comply with the rules of natural justice in making a decision to cancel a temporary entry permit pursuant to s.7(1) of the
Migration Act 1958. .
Migration Act 1958: ss5, 6, 7, 8, 11B, 14, 18, 31B
Administrative Decisions (Judicial Review) Act 1977: s5
_THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS v
GITSADAWAN GAILLARD No. ACT G16 of 1983
Sweeney, Sheppard and Neaves JJ
Canberra 24% August 1983
Ba PT Gites
wie = -
FS TE ERS OE LET OI TS TE NTN TT ORE AT TE AG SENT ©
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY NO. A.C.T. G16 of 1983 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
ra) BETWEEN: THE MINSTER FOR IMMIGRATION ANL ETHNTC AFFAIRS
Appellant
AND: GITSADAWA GAILLARD
Respondent
ORDER
@®unczs MAKING ORDER: Sweeney, Sheppard an Neaves JJ DATE OF ORDER: 24 August, 1983 ~ WHERE MADE: Canberra THE COURT ORDERS THAT:
: 1. The appeal be allowed with cos!,
2. The order of 31 March 1983 ce & aside and that in lieu thereof it be °rted that the
application be dismissed with cds,
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY NO. DISTRICT REGISTRY
GENERAL DIVISION
A.C.T. G16 of 1983
* ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL
COURT OF AUSTRALIA
BETWEEN: THE MINISTER FOR IMMIGRATION
AND ETHNIC AFFAIRS
Appellant
AND: GITSADAWAN GAILLARD
Coram: Sweeney, Sheppard and Neaves JJ
Respondent
OPT PN TLE EYP ES A ELEY TR TREE EE OL OEE Se ee Se
SOT A aS ET
ee
REASONS FOR JUDGMENT 2A August 1983
Sweeney, J.
This is an appeal from an order of a single judge of this court made on 31 March I983 by which his Honour, pursuant to an application made by Gitsadawan Gaillard' ("the applicant") under s.5 of the Administrative Decisions (Judicial Review) Act 1977, set aside the decisions of the Minister of State for Immigration and Ethnic Affairs ("the Minister") firstly under s.7(1) of the Migration Act 1958 ("the Act") that a temporary entry permit then
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