Yilmaz & ors v Minister for Immigration & Ethnic Affairs [1984] FCA 482

CATCHWORDS

ADMINISTRATIVE LAW - Immigration - Deportation of prohibited non-citizens - Application for stay of implementation of decisions to deport pending final hearing of Application - Whether there exists any serious question to be tried in relation to legal validity of decisions - Time when decision taken - Content of Ministerial policy - Effect of deportation on infant children of first and second applicants, being Australian citizens - Effect of failure of deportment to respond to two

particular applications for entry permits.

Migration Act ss. 6, 6A, 7, 18

Administrative Decisions (Judicial Review) Act 1977 ss. 5, 7, 15

YILMAZ AND OTHERS V MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS G.433 OF 1984

WILCOX J 18 DECEMBER 1984 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.433 of 1984

GENERAL DIVISION

BETWEEN : YILMAZ & OTHERS Applicants AND: MINISTER FOR TMMIGRATION

AND ETHNIC AFFAIRS

Respondent ORDERS CORAM: WILCOX 7 DATE: 18 DECEMBER 1984 PLACE: SYDNEY THE COURT ORDERS THAT: l. The application for a stay of the implementation of

decisions made by the delegate of the Minister on 29 October 1984 to deport the first and second named applicants be dismissed. 2. The first and second named applicants pay to the

respondents his costs of the application for a stay.

N FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

No. G.433 of 1984

BETWEEN : YILMAZ AND OTHERS Applicants AND: MINISTER FOR IMMIGRATION

AND ETHNIC AFFAIRS

wo eee Respondent

EXTEMPORE JUDGMENT

CORAM: WILCOX J DATE: 18 DECEMBER 1984 PLACE: SYDNEY

There are before the Court applications on behalf of the first named applicant and the second named applicant for an order under s.15 of the Administrative Decisions (Judicial Review) Act 1977 staying the implementation of decisions made by the delegate of the Minister on 29 October 1984 to deport the first named