Federal Court of Australia
to Alc] FURTHER DISTRIBUTION UNNECESSARY
THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 331 of 1984
GENERAL DIVISION
BETWEEN:
S.L. WILLIAMS and OTHERS
AND
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
21 DECEMBER, 1984 KEELY J.
ORAL REASONS FOR JUDGMENT
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HIS HONOUR: The applicants have lodged an application under
section 5 of the Administrative Decisions (Judicial Review) Act to review what I see to be eight decisions made by the Minister of State for Immigration and Ethnic Affairs (The Respondent) and/or by his officers and/or by his delegates, including the making of deportation orders in respect of the first and second named applicants. The three applicants are persons aggrieved and they seek various orders including
an order that the deportation orders are void or invalid. The applicants have taken out a notice
of motion seeking orders that:
1. The operation of the decision of the respondent or his delegate made the 14th day of November that the first-named and second=named applicants be deported from Australia be stayed and suspended until further order.
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2. All proceedings to deport the first-named
and second-named applicants from Australia be stayed until further order.
I accept that the harmful consequences to the applicants of a failure to make an order staying the orders of deportation would outweigh any harmful consequences to the respondent, if such a stay were granted, and that it may well be that the enforcement of the deportation orders would render nugatory any success by the applicants in the proceedings.
However, as the full court said in Faingold and Others versus Zammit and Another, in an unreported decision on 20 January 1984, I quote from that decision at page 10:
In our opinion it will be difficult
for an applicant to show that reasons or circumstances exist-which make 1t just that the court should make the order sought unless it 1s demonstrated that the applicant has a point of substance to argue which, 1f successful, will result in judgment in his favour.
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