Wah, P.Y. & Ors v Mahoney, J.R. & Anor [1986] FCA 186

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CATCHWORODS

ADMINISTRATIVE LAW - judicial review - immigration - challenge to deportation orders - application for short stay - no specific ground of challenge - criteria for grant of stay.

Migration Act, 1958 s.18

Phang Yook Wah & Ors. v. dohn Richard Mahoney & Anor.

QLD G39 of 1986

PINCUS J. BRISBANE 1 May 1986

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G39 of 1986 GENERAL DIVISION )

BETWEEN: PHANG YOOK WAH PHANG CHIA NGIT LAN PHANG KENG CHUN PHANG YING YING

Applicants AND: JOHN RICHARD MAHONEY

First Respondent

THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 1 MAY 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

l. The applications be dismissed.

2. The applicants pay to the respondents the costs of and incidental to the proceedings to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36 ' of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G39 of 1986 GENERAL DIVISTON )

BETWEEN: PHANG YOOK WAH PHANG CHIA NGIT LAN PHANG KENG CHUN PHANG YING YING

Applicants AND: JOHN RICHARD MAHONEY

First Respondent

THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Second Respondent

PINCUS J. 1 MAY 1986

EX _TEMPORE REASONS FOR JUDGMENT

This is an application by Phang Yook Wah, Phang Chia Ngit Lan, Phang Keng Chun, and Phang Ying Ying for an order of review of decisions that they be deported pursuant to the

provisions of s.18 of the Migration Act 1958, as prohibited

non-citizens. The dates of the deportation orders are not

certainly known as to all of them, but apparently are 23 April

1986 as to the first two applicants, and 30 April 1986 as to the

last two.

The applicants are husband, wife, and two children who came to Australia in 1982. They received a temporary entry