Federal Court of Australia
CATS
Immigration ~ judicial review - applicant a prohibited immigrant in custody - deportation order revoked -
applicant re-arrested - wheter lawfully in custody.
Migration Act 1958, ss.7, 38 and 39.
Te an
GEORGE LAROQUE v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS A
No. G 330 of 1983
Coram: Sheppard J. 27 October, 1983 Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 330 of 1983
New
GENERAL DIVISION
BETWEEN
GEORGE LAROQUE
wee | Applicant AND MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent ORDER JUDGE MAKING ORDER : Sheppard J. DATE OF ORDER : 27 October, 1983 WHERE MADE : Sydney
THE COURT ORDERS THAT
1. The application be dismissed.
2. The applicant pay the respondent's costs of this
application.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY No. G 330 of 1983 GENERAL DIVISION
BETWEEN GEORGE LAROQQUE Applicant
MINISTER FOR IMMIGRATION AND sTHNIC AFFAIRS
Respondent CORAM: SHEPPARD J. " 27 October, 1983
REASONS FOR JUDGMENT
This is an application for judicial review brought
under s.5 of the Administrative Decisions (Judicial
Review) Act 1977 in which the applicant seeks to review the decision of the delegate of the Minister for Immigration and Ethnic Affairs said to have been made yesterday by which it was ordered that the applicant be arrested pursuant to the provisions of s.38 of the Migration Act 1958.
The application was filed only today. The history of the matter began on Tuesday, 25 October, when an
earlier application for judicial review (No. G 327 of i983)
was made seeking the review of a decision of the Minister dated 19 September, 1983, by which the deportation of the applicant from Australia was ordered pursuant to s.18 of *he Migration Act. In short, it was said that the Minister had failed to take into account a relevant consideration, namely, the engagement of the applicant to an Australian citizen. The applicant also indicated shat reliance would be- placed on any matters arising from reasons supplied by the Minister pursuant to an application in
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