Federal Court of Australia
Whether the Acting Minister could not deport the first
naned arplicant becaus of his family relaticnsrip with
Ot
the second named applicant - whether the Acting Minister was bound br the International Covenant for Civil and Folitiacal Rights - whether the covenant is pert of the law of Lustecalia - the effect of the covenant on a
Aecreian made geursuant toa the lave of Ausrcralia.
t
MINISTER FOr
VG No. 153 of 1983
+
Smithers c.
21 Octcber 1°B2
Ielbourne.
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG No. 153 of 1983
GDINERAL DIVISION
et ee ee re
EX TENPORE JUDGMENT
Betveen: LIGOR SEZDIRIDZOGLU and PENELOPE DROKOS
ra (Applicants)
And: THE ACTING MINFSTOR FOR IMMIGRATION & Mt WiC APFALRS
(Respondent)
Coram: Smithers J.
21 October 1983
REASONS FOR JULGAHENT
HIS HONOUR: 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 and it is the third ground which is now before the Court. The third ground was in these terms: "
.
"That insofar as the deportation of the first-named applicant would be likely to
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ne a a SE Oe aT eS eT eee ee ne
a
he be neta
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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,
1f£ 1s 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
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