Federal Court of Australia
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CATCHWORDS
ADMINISTRATIVE LAW - application for judicial review - prohibited immigrants - decision to deport taken by Delegate to Minister - whether breach of rules of naturai justice - whether rules of natural justice apply to decisions of this nature - whether Delegate took into account all the relevant facts - whether para. 5(1)(a) of Administrative Decisions (Judicial Review) Act imports a legal obligation to observe the rules of natural justice into Commonwealth law.
Administrative Decisions (Judicial Review) Act 1977 para. 5(1)(a)
Micration Act 1958, s. 18
RICHARD WAYNE SMITH. KATHLEEN SMITH & ASHLEY CAROLINE SMITH
Vv.
MINISTER OF STATE FOR THE DEPARTMENT OF IMMIGRATION & ETHNIC AFFAIRS and THE COMMONWEALTH OF AUSTRALIA
NSW G91 of 1984
Bowen C.J., Lockhart and Sheppard JJ. SYDNEY 4 April 1984
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISTON
JUDGES MAKING ORDERS: fo.) a wo Paar Oo
Fh I! to a Pe
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
RICHARD WAYNE SMITH First Appellant KATHLEEN SMITH Second Appellant ASHLEY CAROLINE SMITH an infant, who brings this claim through her next friend and mothe: Third Appellant AND:
THE HONOURABLE JOHN STEWART WEST Minister or State for the Department of Immigration and Ethnic Affairs
and
THE COMMONWEALTH OF AUSTRALIA
Respondents
ORDER
BOWEN C.J., LOCKHART AND SHEPPARD oJ.
WHERE MADE: SYDNEY DATE: 4 APRIL 1984 THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay to the respondents their costs cr the appeal. 3. The stay granted by the Hon. Mr. Justice Morling on i9
March 1984 terminate on 13 April 1384.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NO. G 91 of 1984
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GENERAL DIVISION ON APDEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA RICHARD WAYNE SMITH
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