Gillespie, Lee Georgina v Minister for Immigration & Ethnic Affairs [1984] FCA 268

Ace; JUDGMENT No. on 20S! oe St

CATCHWORDS

Administrative law - Immigration - Deportation of non-citizen followzng criminal convictions - Decision of Administrative Appeals Tribunal to affirm Minister - Appeal to Federal Court -

Application to stay operation of order.

Migration Act 1958 s.12 Administrative Appeals Tribunal Act 1975 ss. 44, 44A

LEE GEORGINA GILLESPIE AND MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

G. 208 of 1984

CORAM: WILCOX J DATE: 17 JULY 1984

PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.208 of 1984 ) GENERAL DIVISTON )

BETWEEN : LEE GEORGINA GILLESPIE Applicant AND: MINISTER FOR IMMIGRATION

AND ETHNIC AFFAIRS

Respondent

EXTEMPORE REASONS FOR JUDGEMENT

CORAM: WILCOX J DATE: 18 JULY 1984 PLACE: SYDNEY

The application before the court todav is for an order

pursuant to section 44A(2) of the Administrative Appeals Tribunal

Act to stay the operation of an order made by the respondent. the Minister for Immiqration and Ethnic Affairs. whereby he ordered

the deportation of the applicant. Lee Georgina Gillespie, from

Australia to New Zealand.

The deportation order was made bv the Minister pursuant

to the terms of section 12 of the Miqration Act 1958, as it then

stood, and was based upon the fact that the applicant had been

sentenced to a term of imprisonment exceeding 12 months. The applicant appealed to the Administrative Appeals Tribunal which was constitued by Mr Deputy President, I R Thompson. Mr Thompson

delivered his decision and the reasons therefor on 1 June last.

He affirmed the decision of the Minister to deport the

applicant, and in his reasons he canvassed the circumstances surrounding the applicant's life in Australia since she arrived in November 1976 up until the hearing before him. I do not propose to qo to the facts determined by the Deputy President. because it is not necessarv for mv conclusion in relation to the