Malloy, T.W. v Minister for Immigration & Ethnic Affairs [1986] FCA 18

CATCHWORDS

Administrative law - application for stay of deportation order -

applicant not given opportunity to answer statements made adverse to

him - whether a serious question to be tried.

Administrative Decisions (Judicial Review) Act 1977: s. 15.

Migration Act 1958: s. 18.

THOMAS WILLIAM MALLOY v. THE MINISTER FOR IMMIGRATION AND ETHNIC

AFFAIRS

G10 of 1986

LOCKHART J.

15 JANUARY 1986 SYDNEY

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IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G10 of 1986 ) GENERAL DIVISION )

BETWEEN : THOMAS WILLIAM MALLOY Applicant AND: THE MINISTER FOR IMMIGRATION AND EHTNIC AFFAIRS

Respondent CORAM: LOCKHART J. DATE: 15 JANUARY 1986 PLACE: SYDNEY

MINUTE OF ORDERS

The Court orders that:

1, The execution of the deportation order made against the applicant on 31 December 1985 be stayed until the hearing of

this proceeding or further order.

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The matter be listed for directions at 9.30 a.m. on Tuesday,

4 February 1986.

3. The costs of today's application for the stay be the applicant's costs in the proceeding.

4. Each party is at liberty to apply on two days notice save in relation to the return of the applicant's passport in which

case application to restore to the list may be made by either

party on any reasonable notice.

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 REGISTRY ) No. G10 of 1986 ) )

GENERAL DIVISION BETWEEN : THOMAS WILLIAM MALLOY Applicant AND: THE MINISTER FOR IMMIGRATION

AND ETHNIC AFFAIRS

Respondent

15 JANUARY 1986

REASONS FOR JUDGMENT

LOCKHART J.

This is an application to stay the execution of a deportation order made 31 December 1985 against the applicant Thomas William Malloy. Mr. Malloy is a citizen of the United States of America and is 33 years of age. He married Annabelle Jane Rossiter, an Australian citizen, in the United States of America on 12 August 1976. There are two children of the marriage, both sons, now aged nine and seven. Both are Australian citizens. There is in evidence before me the submission prepared by the Department of Immigration and Ethnic Affairs for the respondent Minister for Immigration and Ethnic Affairs dated 31 December 1985 recommending amongst other things that the grant of permanment residence to Mr. Malloy be refused and that the