Sinnathamby, P. v. Minister for Immigration & Ethnic Affairs [1985] FCA 688

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JUDGMENT No, 228 MES"

AN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) Nos. G377-381 of 1985 ) GENERAL DIVISION ) ,

BETWEEN: EUSHFARANY SINNATHAMBY S OPS.

Applicants aera

AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS .

Respondent

CORAM: Beaumont, J.

DATED: 31 December 1985

EX TEMPORE REASONS FOR JUDGMENT

The applicants seek to be released from detention pending the hearing of their appeal, which 15 provisionally fixed

for hearing on 20 February next.

In my opinion, the applicants have failed to damonstrate

any arguable ground of challenge, whether of fact or of law, te

1)

the judgment cf Moriing J., the subject cf their aprest. If must

therefore assume that the decisicn of Merling J. 2:i72,7simna the

ww ue) as) pay ry na fu =] cr us c

" eclsims was correct and that tho arctsl from hist

It must follow that 1t 15 not apprepriats

(hr u "I rt ct w r al

now interfere with the ordinary processes of the Law. The applications for release from detention must therefore be

refused.

A temporary stay of execution of the deportation orders has been granted by Morling J. until 14 danuary. The matter w2ll be listed for directions on that day before another Judce. ' Ths parties should then be in a position to inform the Court whether

the appeal is ready to proceed, in particular whether preparation

of the appeal books is proceeding expeditiously.

It should be noted that in support of their application For release from detention, the applicants offered undertakings to report regularly to officers of the respondent department. Certain other parties offered securities by way of suretyship to support these undertakings. These undertakings and these Securities may or may not be seen by the Executive as an appropriate mechanism to hold the situation pending the outcome or the appeal. Whether this 1s 50 is entirely a matter for the Executive. It 1s not for the Court to advise the Executive cn