Federal Court of Australia
CATCHWORDS
Immigration - appellants entered Australia at proclaimed airport without passports or entry permits - appellants refused entry permits and detained pending execution by airline of requirement that they be taken out of Australia - stay refused by single judge ~ test to be applied in determining whether stay should be granted - whether authorised officer could reasonably have formed belief that appellants were seeking to
enter Australia in circumstances in which they would
become prohibited immigrants - whether appellants entitled to natural justice - whether authorised
officer failed to take into account relevant
considerations - Migration Act 1958, ss.6 and 36A;
Administrative Decisions (Judicial Review Act) 1977,
s.5
ALEKSANDER FAINGOLD AND OTHERS v. WALTER ZAMMIT AND ANOR.
VG No. 279 of 1983
Coram: Sweeney, Lockhart and Sheppard,JJ.
de Spans 1984
Melbourne
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) VG No. 279 of 1983 ) )
GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT
BETWEEN
ALEKSANDER FAINGOLD, ESPIRA FAINGOLD AND PAVEL FAINGOLD
Appellants AND WALTER ZAMMIT AND THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondents ORDER JUDGES MAKING ORDER : Sweeney, Lockhart and Sheppard,JJ. DATE OF ORDER 3 14 December 1983. WHERE MADE : Melbourne
THE COURT ORDERS THAT
1. The appeal and the notice of motion be dismissed.
2. The appellants pay the costs of the appeal and the
notice of motion.
IN THE FEDERAL COURT OF AUSTRALIA )
) VICTORIA DISTRICT REGISTRY ) VG No. 279 of 1983
) GENERAL DIVISION )
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT
BETWEEN
ALEKSANDER FAINGOLD, ESPIRA FAINGOLD AND PAVEL FAINGOLD
Appellants AND WALTER ZAMMIT AND THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondents
CORAM: Sweeney, Lockhart and Sheppard, JJ.
REASONS FOR JUDGMENT
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