Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA) VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
EX TEMPORE JUDGMENT
r
Between:
VG No. 153 of 1983
LIGGR SEZDIRMEZOGLU and
And:
Smithers J.
Coram:
21 October 1983
REASONS FOR JUDGMENT
HIS HONOUR:
PENELOPE DROKOS
(Applicants)
THE ACTING MINISTER FOR
IMMIGRATION & ETHNIC AFFAIRS
(Respondent)
When this matter was heard in September I made
an order that the third ground of the order to review
be dealt with separately from the other grounds. I
have handed down a judgment in relation to the other
grounds
pefore the Court.
terms: "That insofar as the first-named applicant would be
and it is the third ground which is
The third ground was
deportation
now
in these
of the likely to
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enteeats
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2.
seriously impair the exercise by the second named applicant, an Australian citizen, of her rights including her rights to maintenance for the child en ventre sa mere of the applicants, it is not within the power of the Commonwealth officer so to order, that is to say to make the deportation order."
That ground was particularised by Mr. Little this morning in the following terms, namely, that in the exercise of the discretion of the Acting Minister, the Acting Minister could not deport the applicant because of his family relationship with Mrs. Drokos, that relationship being a genuine de facto
relationship, he being the father of her child about
to be born and also being accepted as in loco parentis by Mrs. Drokos' daughter, that is, the
daughter of Mrs. Drokos by her previous marriage.
The relevant facts are, shortly, that the applicant and Mrs. Drokos arrived in Australia from Greece and took up again a de facto relationship which according to them had commenced in Greece at least some 12 months before they arrived in Australia. Mrs. Drokos arrived in Australia shortly before the applicant. Mrs. Drokos is about to be divorced in Greece and intends to marry the applicant. As previously mentioned there is a daughter from Drokos' previous
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