Karunakaran, M. v. The Minister for Immigration & Ethnic Affairs [1985] FCA 43

. (A gaoge :

Administrative Law - judicial review - -participant in scheme for

education of private overseas students in Australia - decision of Minister to deport participant as illegal immigrant ~- whether Minister obliged to observe rules of natural justice in exercising power to deport - whether incorrect and prejudicial material Placed before Minister - whether improper exercise of power - effect of irrelevant and relevant considerations - observation on

role of appellate Court under Judicial Review Act

Administrative Decisions (Judicial Review) Act 1977 ss.5{1l){(a),

5(1)(e), 5(1)4h), 5(2) Migration Act 1958 5.18

MARTIN KARUNAKARAN v. THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS ~ rs

No. G 223 of 1983

TOOHEY, MORLING & BEAUMONT JJ.

SYDNEY

aL FEBRUARY 1985

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 223 of 1983

~~ we ww

GENERAL DIVISION

BETWEEN: MARTIN KARUNAKARAN Appellant

AND: THE MINISTER FOR IMMIGRATION A ETHNIC AFFAIRS :

Respondent

ORDER.-

JUDGES MAKING ORDER

Toohey, Morling and Beaumont JJ.

DATE OF ORDER .. | 22. February 1985:

_ Sydney

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondent's costs.

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 223 of 1983 ) )

GENERAL DIVISTON

BETWEEN : MARTIN KARUNAKARAN

Appellant

AND: THE MINISTER FOR

IMMIGRATION AND ETHNIC

AFFAIRS

Respondent

CORAM: TOOHEY, MORLING and BEAUMONT Jv.

DATE: cl FEBRUARY 1985

REASONS FOR JUDGMENT ~

THE COURT: This is an appeal froma decision. of a judge of the Court refusing an application under the Administrative Decisions (Judicial " Review) Act 1977 ("the Judicial Review Act") for an order of review of the decision of the respondent made on 29 July 1983 that the appellant he deported from

Australia. The deportation order was made pursuant to 5.18 of