Federal Court of Australia
CATCHWORDS Immigration - judicial review of decision to deport - refugee status refused - whether decision reviewable
Administrative Decisions (Judicial Review) Act 1977 Sections 5, 13
Migration Act 1958 Sections 6A(1)(c) and (e), 18
No. VG 241 of 1984
Gurnam-Singh Sidhu v. The Minister for Immigration and Ethnic Affairs
St. John, J. 5 November 1984
Melbourne
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY GENERAL DIVISION
No. VG 241 of 1984
BETWEEN: GURNAM-SINGH SIDHU
Applicant
AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
ORDERS CORAM: ST. JOHN, J. DATE: 5 NOVEMBER 1984 PLACE: MELBOURNE THE COURT ORDERS THAT: 1. The application is dismissed.
2. The applicant is to pay the respondent's costs.
IN_THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY GENERAL DIVISTON
CORAM:
DATE:
PLACE:
No. VG 241 of 1984
— ewww
BETWEEN : GURNAM-SINGH SIDHU Applicant AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent
REASONS FOR JUDGMENT
ST. JOHN, J.
5 NOVEMBER 1984 MELBOURNE
The applicant seeks an order for review of certain
decisions made against him pursuant to the Migration Act 1958
("the Act"). Those decisions were as follows:-
On 15 June 1984 that the application for refugee status be rejected.
On 10 Auaqust 1984 that an application for permanent resident status be rejected.
On 13 Auqust 1984 that the applicant be refused a temporary entrv permit.
On 24 Auaqust 1984 that the applicant be deported.
Dealing first with the deportation order, the grounds
upon which it was attacked may be summarised as follows:-
a) That the decision-maker failed to take into account evidence as to the likely arrest of the applicant should he be returned to India or if such evidence were taken into account, it was not accorded sufficient consideration.
b) Failure to take into account compassionate and humanitarian grounds.
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