Federal Court of Australia
CATCHWORDS
Administrative law - review of decisions to refuse entry permits and to order deportation - whether failure to accord procedural fairness - whether material before decision-maker was such as to require him to afford the applicants an
opportunity to respond to it, beyond that already given.
TEVITA KAUFUSI and MELEANE FATAFEHI KAUFUSI v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
VG NO. 165 OF 1985
Administrative Decisions (Judicial Review) Act, ss 5, 13
Migration Act, ss. GA, 7, 18
CORAM : KEEFLY Jd.
DATE : 2] FEBRUARY, 1986
PLACE : MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
) VICTORIA DISTRICT REGISTRY VG No. 165 of 1985 GENERAL DIVISION BETWEEN : TEVITA KAUFUSI Firstnamed Applicant
MELEANE FATAFEHI KAUFUST
Secondnamed Applicant
AND:
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
21 FEBRUARY, 1986 KEELY J.
REASONS FOR JUDGMENT
An application was filed on 17 July, 1985 for an order to review, under the Administrative Decisions (Judicial Review) Act (the Judicial Review Act) decisions made by the respondent Minister on 18 June, 1985. The application
described them as decisions :-
"€a) Refusing the application of the applicants that they be granted temporary entry permits and resident status (permanent entry permits) within the meaning of Section 6A of the
Migration Act 1958.
Z. (e) That the applicants be deported from
Australia."
The application was not pursued in so far as it purported to
review decisions (bh), (c), (dad) and (f).
An order staying the operation of the deportation orders was made on 17 July, 1985 by C.A. Sweeney J.. On 30 September, 1985 Smithers J. dismissed a motion seeking the discharge of that order. The hearing of the substantive application began on Thursday 19 December, 1985 - the day after the delivery of judgment by the Full High Court in Kioa
& ors. v West & anor.. Mr. Vickery of counsel, on behalf of
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