Khoury, Michelle Atour v Grey, R.A. (Commissioner of Police) [1984] FCA 317

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY )

GENERAL DIVISION ) No. G1Ol of 1984 BETWEEN: THOMAS BARTON Applicant AND: THE MINISTER FOR FOREIGN AFFAIRS

First respondent

AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Second Respondent

ORDER

Judge making order: Beaumont, J. Date order made: 30 March 1984. Where made: Sydney

THE COURT ORDERS THAT:

Upon the applicant giving the usual undertaking as to

damages:

1. Make orders 1 and 2 as asked in the notice of

motion.

2. Order that the first respondent be directed to extend, by an authorised officer, the subject passport for a

period of three months.

3. Reserve liberty to apply on such notice as a Judge

shall allow.

4. Adjourn the further hearing of the matter to

Friday, 6 April 1984 at 9.30 a.m. for directions.

5. Costs reserved.

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) . GENERAL DIVISION ) No. G1Ol of 1984 BETWEEN: THOMAS BARTON Applicant AND: THE MINISTER FOR FOREIGN AFFAIRS

First respondent

AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Second Respondent

CORAM: Beaumont, J.

DATED: 30 March, 1984.

REASONS FOR JUDGMENT

In this application for review under the

Administrative Decisions (Judicial Review) Act, 1977, ("the

Judicial Review Act") the applicant seeks a review of the two decisions of the first respondent: first, that Australian passport number P464177 issued to the applicant

on 3 April 1979 and valid for five years therefrom, be

cancelled; and secondly, that the applicant be not issued

with an Australian passport. The applicant also seeks a review of the decision of the second respondent that the

applicant is not an Australian citizen.

The applicant now moves for interim relief pursuant

to s.15 of the Judicial Review Act and s.25 of the Federal

Court Act, 1976 for orders that the operation of the