Din, L. v. Honorable John Christopher Hurford, Minister for Immigration & Ethnic Affairs [1985] FCA 270

. a0 P rw IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 130 of 1985 ) SENERAL DIVISION )

BETWEEN : LEONIDA DIN Applicant AND: THE HONGUPABLE JOHN

CHRISTOPHER HURFORD

Minister for Immigration and Ethnic Affairs

Respondent

MINUTE OF ORDER

JUDGE MAFING ORDER 3 Neaves J. 5DATE _OF ORDER : 19 June 1985 WHERE MADE : Sydney of LY THE COURT ORDERS THAT: l. The motion for interlocutory relief be dismissed. 2. The applicant pay the respondent's costs of the motion. Note: Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT PEGISTRY No. G 139 of 1985

"ewer

GENERAL DIVISION

BETWEEN : LEONIDA DIN Applicant AND: THE HONCURABLE JOHN

CHRISTOPHER HUREF'OFD Minister for Immigration

and Ethnic Affairs

Respondent

CORAM: Neaves d.

DATE: 19 June 1985

REASONS FOR JUDGMENT

The applicant, Leonida Din, has applied to the Court by motion for an order which will have the effect of permitting him to enter Australia and remain here until the determination of an application which is pending before the Court for an

order of review under the Administrative Decisions (Judicial

Review) Act 1977 in respect of certain decisions of the respondent described in the application as being decisions

under the Migration Act 1958.

The applicant arrived at Fremantle on 13 May 1985 as a

oO ae

to

stowaway on board the vessel "Flinders Bay" which is a British registered ship.

It may be accepted for the purpose of considering the present application that the applicant lived in Romania, his

native country, until some time in 1981. He left Romania with a transit visa for Greece and an entry permit for Egypt. He apparently remained in Greece and in December 1981 was qranted political asylum there. That grant of political asylum was subsequently revoked. In December 1982 he decided he did not