Federal Court of Australia
4 Hale.
CATCHWORDS
Immigration and Aliens - cancellation of Temporary Entry peri t - prohibited immigrant - deportation - whether compliance with principles of natural justice required - meaning of "absolute discretion"
Migration Act 1958 (Cth), ss.7(1), 18 Administrative Decisions (Judicial Review) Act 1977 (Cth), s.5
Human Rights Commission Act 1981 (Cth)
Salemi v Mackellar (No.2), (1977) 137 CLR 396 The Queen v MacKellar; Ex parte Ratu, (1977) 137 CLR 461 Heatley v Tasmanian Racing and Gaming Commission, (1977) 137 CLR
Minister for Immigration and Ethnic Affairs v Haj-Ismail, 40 ALR
Schmidt v Secretary of State for Home Affairs, [1969] 2 Ch 149 e Cinnamond v British Airports Authority, [1980] 2 All ER 368
GITSADAWAN GAILLARD v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
No. ACT G.1 of 1983
Davies, J
Melbourne
31 March 1983
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
GENERAL DIVISION
JUDGE MAKING ORDER
DATE OF ORDER WHERE MADE
THE COURT ORDERS
TETHER Se I eee yee me woe
No. ACT G.l of 1983
BETWEEN :
GITSADAWAN GAILLARD
Applicant AND : MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent ORDER
Davies, J
31 March 1983
Melbourne
1.
That the decision of The Honourable J.C. Hodges, MP, then Minister of State for Immigration and Ethnic Affairs, made on 10 January 1983 that the temporary entry permit held by Gitsadawan Potikum be cancelled be and the same is hereby set aside.
That the decision of The Honourable J.C. Hodges, MP, then Minister of State for Immigration and Ethnic Affairs, made on 10 January 1983 that Gitsadawan Potikum be deported from Australia be and the same 1s hereby set aside.
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3.
That the respondent pay the applicant's costs of this application to be agreed or taxed,
That liberty be reserved to the
parties to apply for any further or other order as may seem meet.
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