Federal Court of Australia
Immigration - judicial review - decision to deport prohibited non-citizen - application for suspension of decision - whether application within prescribed time - when time begins to run -
whether just to suspend decision - requirement to observe rules of
natural justice - consideration of any prejudice and merits -
application arquable
Administrative Decisions (Judicial Review) Act 1977 ss.5,11,13,15 Migration Act 1958 ss.6, 6A. 16, 18
ALLAN KENDRICK DEAN v. LIONEL BARRIE WOODWARD
No. WA G101 of 1084
TOOHEY J.
PERTH 8 NOVEMBER 1984
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
No. WA Gl01 of 1984
~~ y~wn~wr
BETWEEN:
ALLAN KENDRICK DEAN Applicant
and
LIONEL BARRIE WOODWARD
Respondent
Oo R D E R
JUDGE MAKING ORDER Toohey J.
8 November 1984
DATE OF ORDER
WHERE MADE Perth
THE COURT ORDERS THAT:
1. The decision of the respondent made 21 September 1983 to deport the applicant from Australia be
suspended until the determination of the
application or until further order.
ye
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G1i0l of 1984
wee ewe
BETWEEN:
ALLAN KENDRICK DEAN Applicant
and
LIONEL BARRIE WOODWARD
Respondent
CORAM: TOOHEY J. 8 NOVEMBER 1984
REASONS FOR JUDGMENT
The applicant has applied under the provisions of the
Administrative Decisions (Judicial Review) Act 1977 to reviewa decision of the respondent made 21 September 1983 to deport him
from Australia.
Yesterday evening I heard submissions from counsel in support of and in opposition to an application for a suspension of the decision until determination of the substantive application. The urgency of the matter lies in the fact that the applicant is
due to be discharged from Canning Vale Prison today and on
discharge to be deported to New Zealand.
The respondent did not contend that the decision to
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