Federal Court of Australia
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PL ee eam 8
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CATCHWORDS Deportation order - whether order invalid if country of destination not stated - whether powers of officers to make
arrangements for deportation create obligation on Minister to state country on order - distinction between the making of a deportation order and arrangements made to effect order.
Migration Act 1958 ss.5,6,6A,7,10,12,14,18,20,21,21A,22,39
Administrative Decisions (Judicial Review) Act 1977
Znaty v. Minister of State for Immigration (1972) 126 C.L.R. 1
Robtelmes v. Brenan (1906) 4 C.L.R. 395
JUDY CHUA v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
V. No. G 63 of 1986
Northrop 7. 4 July 1986
Melbourne
oh oe ed
Pi i Le
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY } V.o No. G 63 of 1986 ) )
GENERAL DIVISION
BETWEEN :
JUDY CHUA Applicant and
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent
COURT: NORTHROP J. DATE: 4 JULY 1996
PLACE: MELBOURNE
REASONS FOR JUDGMENT
The preliminary question of law raised in these proceedings is whether a deportation order made pursuant to
5.18 of the Migration Act 1958 is invalid if it does not
specify the place to which the deportee is to be taken.
Judy Caluso CHUA, also known as Judy AZZOPARDI ("the applicant"), 15 a deportee under the Migration Act 1958 ("the Act"). She is a person in respect of whom a deportation order is in force. The deportation order was made under 5.18 of the Act by a delegate of the Minister of State for Immigration and Ethnic Affairs. The deportation order is dated 3 January 1986. The substantive part of the
deportation order is set out:~
es ear nee na ne = te ee nee $e ee Re ee
re cote Soper mee:
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te
"WHEREAS JUDY CALUSO CHUA also known as JUDY AZZOFARDI being a non-citizen, entered Australia on
Aad
the fourth day of April 1995
AND WHEREAS the said JUDY CALUSO CHUA is a prohibited non-citizen by virtue of section 7 of the Migration Act 1958 in that she was the holder of a temporary entry permit which has expired and no further entry permit applicable to her came into force upon that expiration or has been granted toa
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