Federal Court of Australia
GENEZAL DIVISION
EX TEMPOR
(I ic
Coram:
21 May 1984
HIS HCNOUR:
sought by
GMENT
Smithers J.
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2.
respondent made under the Migration Act 1958 (the Act).
On 15 May Justice kK are entitle notice of inclucing: - (a) that Tail
(i)
£ acplication was dismissea by Mr.
issal th
wm
il
applicants
oO Ww ¢. rh 9 nm
fu fo
a
wn
ce
ct
ps
iy
ct
AQ
r
wn
They have filed a
appeal setting out a number of grounds
.
The Minister and/or his dslegate failed ta balance ofr properly balance the requirements of the pxrcvisions of the Migration Act 1958 and the Human Pizhts Commission Act 1931 and the Schedules
thereto in making the Ceacision to devort
Deportation or the First and Secondnamed
Appellants would inevitebly either
senoarate nec Irom mer fanily zn weet raceanticr Ar "he overant anrz rea
Ci
ii)
(iv)
(wv)
3.
Declaration set
the Human Pights
The Minister in exercising pewer toa deport under the Miagration Act 1958 must do so in a manner which conforms to and
is consistent with the Covenant and the
The Minister in the eresent case couche
a im fi nn a t 4 ta na is]qa oO ra) 1D Ts! is) % qt
only to have mad
where there wi
(b
re exceptional and
compelling circumstances that warrantec
ys
non-comoliance with tne Covenant ana t
—}
re
Declaration;
The Minister and/or nis delegate had
failed to observe the principle r
D) ip)
Natural justice in making the decision
to devort;
The Minister was obliged to pertorm his auties and exercise nis powers in conformity with the wrovisions cI the
Declaration anc tne Covenant;
tn wie) 1) i0
4.
circumstances no cevortation which
affects the rights and/or legitr
expectations cf an australian cit should be occered. (bd) that the learned Judce erred in law in
concluding that:
(1) bre iecrrtaticn not FA deoortation ar the cniia nouwithstanding that the inevitable
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