Federal Court of Australia
2 | Le CATCHWORDS Administrative Law - Judicial review - immigration - private
overseas student said not to have sufficient capacity to undertake course - consideration of circumstances of case - whether irrelevant considerations taken into account or relevant considerations not taken into account - whether decision based
on non-existent fact - whether Minister obliged to afford applicant natural justice - whether decision to deport applicant made in bad
faith Migration Act 1958, ss. 6, 7 and 18
Administrative Decisions (Judicial Review) Act 1977, paras 5(1) (a),
5(1) (e), 5(1)(h), 5(2) (a), 5(2)(b), 5(2) (a), 5(2) (£), 5(3) (b)
MARTIN KARUNAKARAN v. THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
No. G 223 of 1983
Coram: Sheppard J. 30 July 1984
Sydney
al _
IN THE FEDERAL COURT_OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G 223 of 1983 ) )
GENERAL DIVISION
BETWEEN:
MARTIN KARUNAKARAN
Applicant
AND:
THE MINISTER FOR IMMIGRATION
AND ETHNIC AFFAIRS
Respondent
ORDER JUDGE MAKING ORDER : Sheppard J. DATE OF ORDER : 30 July 1984 WHERE MADE : Sydney THE COURT ORDERS THAT: 1. The application be dismissed. 2. Liberty be reserved to the respondent, the Minister for Immigratio1
and Ethnic Affairs, to make application for costs should he be
so advised.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) ——_————or_rere ——e—eow No. G 223 of 1983 )
GENERAL DIVISION
BETWEEN : MARTIN KARUNAKARAN
Applicant
AND:
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
CORAM: Sheppard J. 30 July 1984
REASONS FOR JUDGMENT
Dr V.J.A. Flynn is a philanthropist. His doctorate is in Oriental Studies. For many years he has taken an interest in the welfare and education of disadvantaged boys in Fiji. Those with whom he is concerned are of Indian extraction and come from very poor families.
At first he confined his assistance to them by endeavouring to ensure that they were educated as well as possible in Fiji. In more recent years he has brought some of them to Australia to further their
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