Federal Court of Australia
CATCHWORDS
Administrative law ~ review of deportation orders - prohibited immigrants - whether Minister took into consideration the fact that a child had been born to immigrants in Australia and that child was an Australian citizen - whether rules of natural
justice apply to the power to deport ~ whether Minister acted
fairly - whether an improper exercise of power by Minister as he failed to take into account welfare of infant child.
Administrative Decisions (Judicial Review) Act 1977, s.5(1), (2)
Migration Act 1958, s.18
RICHARD WAYNE SMITH, KATHLEEN SMITH and ASHLEY CAROLINE SMITH
v. THE HONOURABLE JOHN STEWART WEST and THE COMMONWEALTH OF AUSTRALIA
No. G 76 of 1984
Morling 7. 14 March 1984 Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 76 of 1984
wesw wv
GENERAL DIVISION
BETWEEN : RICHARD WAYNE SMITH
First named Applicant
AND: KATHLEEN SMITH Second named Applicant
AND: ASHLEY CAROLINE SMITH An infant, who brings this claim through her next friend and mother Third named Applicant
AND: THE HONOURABLE JOHN STEWART WEST Minister of State for the Department of Immigration and Ethnic Affairs
AND: THE COMMONWEALTH OF AUSTRALTA
Respondents
ORDER
JUDGE MAKING ORDER : Morling J. DATE-OF' ORDER
14 March 1984
ry
WHERE MADE Sydney
THE COURT ORDERS THAT:
1. The application is dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN :
AND:
AND:
MORLING J.
No. G 76 of 1984
RICHARD WAYNE SMITH
First named Applicant
KATHLEEN SMITH Second named Applicant
ASHLEY CAROLINE SMITH An infant, who brings this claim through her next friend and mother Third named Applicant
THE HONOURABLE JOHN STEWART WEST Minister of State for the Department of Immigration and Ethnic Affairs
THE COMMONWEALTH OF AUSTRALIA
Respondents
14 March 1984
REASONS FOR JUDGMENT
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