Federal Court of Australia
Immigration - judicial review - decision to deport prohibited non-
citizen - whether breach of natural justice - whether entitlement
to be heard before Immigration Review Panel ~- whether failure to
aDahs
take into account relevant considerations - onus of making known
relevant considerations - whether error of law
Sadewdattow
ore
Administrative Decisions (Judicial Review) Act 1977 s.5 Migration Act 1958 ss.6, 6A, 16,18
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ALLAN KENDRICK DEAN v. LIONEL BARRIE WOODWARD No. WA G101 of 1984
TOOHEY J. PERTH 12 December 1984
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IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G10l of 1984
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BETWEEN: ALLAN KENDRICK DEAN
_. Applicant and
LIONEL BARRIF, WOODWARD
Respondent
Q@ R D_E R
JUDGE MAKING ORDER Toohey J.
DATE_OF ORDER 12 December 1984
WHERE MADE Perth
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicant pay the respondent's costs
application.
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G101 of 1984
—S ew
BETWEEN:
ALLAN KENDRICK DEAN Applicant
and
LIONEL BARRIE WOODWARD
Respondent
CORAM: TOOHEY J.
12 December 1984
REASONS FOR JUDGMENT
The Migration Act 1958 s.18 empowers the Minister to order the deportation of a person who is a prohibited immigrant
(now prohibited non-citizen) under any provision of the Act.
On 21 September 1983 the Delegate of the Minister ordered that the applicant be deported from Australia, he being a prohibited immigrant by virtue of s.6 of the Act "in that he was not, at the time he then entered Australia, the holder of, or a
person included in, an entry permit and an entry permit has not
been granted to him since". The applicant is also a prohibited immigrant by virtue of sub-s.16(1) in that "at the time of entry he was a person who had been convicted of a crime and sentenced to
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