Federal Court of Australia
38]
ATCHWORDS
ADMINISTRATIVE LAW - Deportation order - Application for judicial review dismissed - Appeal to Full Court -
Application for stay of deportation order pending appeal - Test to be applied.
Administrative Decisions (Judicial Review) Act 1977, s.15.
MARTIN KARUNAKARAN V. THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
No. G278 of 1984
CORAM: Neaves J. 20 November 1984
Melbourne.
N
NEW SOUTH WALES DISTRICT REGISTRY
T_OF AUSTRALIA
No. G278 of 1984
DIVISION
ON_APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MARTIN KARUNAKARAN Appellant
AND: THE MINISTER FOR IMMIGRATION AND_ETHNIC AFFAIRS
Respondent
ORDER JUDGE MAKING ORDER: Neaves J. DATE OF ORDER: 20 November 1984 WHERE MADE: Melbourne
THE COURT ORDERS THAT -
1.
The application of the appellant under section 15 of the Administrative Decisions (Judicial Review) Act 1977 for an order suspending, pending the hearing and determination of the appeal against the judgment and order of Sheppard J. given and made on 30 July 1984, the operation of the deportation order made on 29 July 1983 is dismissed.
The appellant give security to the satisfaction of the
Registrar of the Court within 21 days from the date of this order in the sum of $2,000 for the respondent's costs of
the appeal herein, failing which the appeal stand dismissed.
The costs of the two applications before the Court be the respondent's costs in the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G278 of 1984
GENERAL DIVISION
ON APPEAL FROM A_SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MARTIN KARUNAKARAN
Appellant
AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
CORAM: Neaves J. DATE: 20 November 1984
REASONS FOR JUDGMENT
I have before me two applications relating to an appeal to a Full Court of this Court by Martin Karunakaran ("the appellant") from a judgment of Sheppard J. given on 30 July 1984 dismissing an application under section 5 of the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a decision of the Minister for Immigration and Ethnic Affairs ("the respondent") made on 29 July 1983 that the appellant be deported from Australia.
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