Aqbal, Mohamed & ors v the Honourable John Christopher Hurford [1984] FCA 471

sal

CATCHWORDS Administrative law - application for stav of the operation of deportation orders - whether the provisions of the Human Rights

Commission Act 1981 were a consideration relevant to the decision to deport - principles relevant to the consideration of the application

for the stav of a deportation order.

Migration Act 195A

Administrative Decision- +: Tudicial Peview! Act 1977

Human Pights Commission act 1°81

MOHAMED AOBAL & ORS. v. THE HONOUPABLE JOHN CHRISTOPHER HUPFORD G445 OF 1984

LOCKHART J. SYDNEY 21 DECEMBER 1984

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTPY

GENERAL DIVTSTON

BETWEEN : MOHAMED AQBAL

First Applicant PABBIIL NISHA AOBAL

Setond Applicant DOREEN SHAPNAM ACBAL tan infant suina by ner next

friend and mother, Fabbul Aabal?

Third Applicant

AND: THE. HONOURABLE JOUN CHRISTOPHER HURFORT! Minister for Immiagralion ard Ethnic Affaire

Respondent JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: SYDNEY DATE OF ORDER: 21 DECEMBER 1984 QRDER THE COURT ORDERS THAT: - 1. The operation of the decision of the respondent by which he

retused to allow the first and second applicants to remain in Australia and the operation of the deportation orders made against the first and second applicants dated 30 November 1984 be stayed pending the determination of the application

for review or further order;

The application for review be brought on for hearins as an

urqgent matter as soon in che first term of 1985 as possible; The applicants file and serve any amended application upon which they mav seek to rely in thic case together with all

affidavits in support on or before Friday, 25 January 138°.

The respondent file and serve anv affidavits in reply on or

before Monday, 4 February 1985.

The costs of th application for the stav of the deportation

orders be costs in the applicaticn for review.