Federal Court of Australia
Administrative Law Administrative Decisions (Judicial Esview) Act 1977
Judicial Review - decision of Minister to deport and refusal
of application for resident status - applicant a Nigerian citizen - original entry as student - plans to marry Australian citizen - long residence in Australia - whether failure to take into account relevant considerations - whether Minister took irrelevant considerations into account ~ whether improper exercise of power - exercised at the behest of another person - consideration of natural justice -
consideration of form of report under 3.13 A.D.J.R. Act.
Administrative Decisions (Judicial Review) Act 1977 s.5, s.13. Migration Act 1958 s.6A(1)(e), s.7, 3.18
Cases referred to:
Ansett Transport Industries (Operations) Pty Ltd v. Wraith and Others (1982-1983) 48 ALR 500.
Turner v. Minister for Immigration and Ethnic Affairs (1981) 35 ALR 388.
Stott and Another v. Minister for Immigration and Ethnic Affairs (1985) 59 ALR 747.
Sean Investments Pty Ltd v. MacKellar (1981) 38 ALR 363. Jason Kioa and Others v. Minister for Immigration and Ethnic Affairs and The Commonwealth of Australia (unreported - delivered 18 December 1985).
Elliott v. Southwark London Borough Council (1976) 1 WLR 499.
GABRIEL OSAHENI AGHEDO v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
No. WA G104 of 1985
MUIRHEAD J. PERTH
7 MARCH 1986
IN THE FEDERAL COURT : OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN : GABRIEL OSAHENI AGHEDO
Applicant and
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER : Muirhead J DATE OF ORDER
"
7 March 1986 WHERE MADE 3 Perth
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The order of Toohey J. dated the 31 December last pursuant to which the applicant was conditionally released from custody
is discharged.
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