Federal Court of Australia
6 AQ CATCHWORDS o | ye .
Administrative Law - judical review - interlocutory stay of
deportation orders - effect of failure to obtain statement of reasons - whether relevant considerations taken into account at all or in reality - consideration of possible danger to life - consideration of deportee's difficulty in conducting litigation
from overseas.
Administrative Decisions (Judical Review) Act 1977 ss. 5(1), 13, 15
Migration Act 1958 s. 18, 318
GULOREN ALPASLAN and MUSLIM TORAMAN
-V-
\
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFATRS
VG 286 of 1985
KEELY J 23 December 1985
Melbourne
IN THE FEDERAL COURT OF AUSTRALIA
) : ) VICTORIAN DISTRICT REGISTRY } VG 286 of 1985 ) )
GENERAL DIVISION
BETWEEN:
GULOREN ALPASLAN and MUSLIM TORAMAN
Applicants AND: THE. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent 23 DECEMBER, 1985 KEELY J.
REASONS FOR JUDGMENT
On Monday, 16 December 1985 Mr Kevin Bell, of counsel, on behalf of the applicants, undertook to file, within 24 hours, an application under the Administrative Decisions (Judicial Review) Act (the Judicial Review Act),
and handed to the court a draft application:-
",.. to review the decisions of the Respondent made on about 8 December 1985 to -
(a) vefuse the grant of further temporary entry permits 'to the applicants;
(pb) refuse the grant of permanent residence to the applicants; .and
{c) to order that the'applicants be deported."
\
2.
A claim was made for interlocutory relief, namely:-
«.. an order suspending the operation of the decisions and staying all proceedings under them pending the final hearing and determination of this application."
That claim was dismissed on 16 December 1985 without waiting
for the preparation of written reasons for judgment. Those
reasons for judgment are now given.
The parties, by consent and with leave, have referred to and relied upon material filed in two earlier proceedings between the same parties, namely, matter number VG 160 of 1985 and matter number VG 246 of 1985. An affidavit by Ross Frederick Smyrk, an officer in the Enforcement Section of the Victorian Regional Office of the Department of Immigration and Ethnic Affairs, was filed in the latter matter. It set out the decisions made by the respondent Minister on 8 December 1985 and exhibited a copy of the departmental submission to the respondent Minister, dated 27 November 1985. Attached to that submission were many documents, including medical reports, affidavits and other material which had been forwarded to the Minister by Messrs P.G. McMullin & Co, solicitors, in making
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate