Federal Court of Australia
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CATCHWORDS Administrative Law - judicial review - immigration - application for review of decision to deport - whether Minister bound by rules of natural justice - whether exceptional circumstances giving rise to legitimate
expectation present - whether Minister observed rules
of natural justice
Administrative Decisions (Judicial Review) Act 1977, s.5
Migration Act 1958, ss.6A, 18
KONELIO MATIU ve THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS and LIONEL BARRIE WOODWARD
No. G 239 of 1985
Morling J. 12 September 1985
Sydney -
er
iii THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 239 of 1985
died
GENERAL DIVISION
BETWEEN : KONELIO MATIU Applicant AND: THE MINISTER OF STATE
FOR IMMIGRATION AND ETHNIC AFFAIRS
First Respondent AND: LIONEL BARRIE WOODWARD
Second Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER : Morling J. DATE OF ORDER : 12 September 1985 WHERE MADE : Sydney
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondents' costs of the application. OTE: Settlement and entry of orders is dealt
- with 1n Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
EW SOUTH WALES DISTRICT REGISTRY No. G 239 of 1985
eerwrvnw
GENERAL DIVISION
BETWEEN : KONELIO MATIU Applicant AND: THE MINISTER OF STATE
FOR IMMIGRATION AND ETHNIC AFFAIRS
First Respondent AND: LIONEL BARRIE WOODWARD
Second Respondent
.
MORLING J. 12 September 1985
REASONS FOR JUDGMENT
This is an application to review a decision by the second respondent, who is the delegate of the first respondent, that the applicant be deported from Australia. The decision was made on 15 August 1985 pursuant to s.18 of the Migration Act 1958.
The applicant is a citizen of Western Samoa. He arrived in Australia asa visitor on 26 May 1982 and was granted a temporary entry permit authorising a stay of one month. He has lived in Australia continuously since that
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