Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - natural justice - relevant considerations - unreasonableness - unresolved allegations - deportation.
MIGRATION - deportation of religious leader - relevance of constitutional guarantee.
HUMAN RIGHTS - failure to take Act into account - whether vitiating.
CONSTITUTIONAL LAW - guarantee of religous freedom - purpose of deportation - whose purpose relevant - whether relevant in
deciding to deport religious leader.
Administrative Decisions (Judicial Review) Act, s.13
Judiciary Act, s.39B The Constituzron of the Commonwealth of Australia, s.116
The Lebanese Moslem Association & Ors. v. The Minister for Immigation and Ethnic Affairs
NSW G48 of 1986
PINCUS J.
SYDNEY 25 JULY 1986
tue
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISTON
. N.S.W. G48 of 1986
BETWEEN: LEBANESE MOSLEM ASSOCIATION
AND: SOHER GABER HAMED
First Applicant
Second Applicant
AND: SHEIKH TAJ-EL~DIN HAMED
Third Applicant
AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
DATE OF HEARING:
DATE JUDGMENT DELIVERED:
COUNSEL:
for the applicants
for the respondent
Respondent
26, 27, 30 June; 1, 2 July 25 July 1986
Mr. G. Downes Q.C. with Dr. G. Flick instructed by
John Sarroff & Co.
Mr. B. Tamberlin Q.C. with Mr. C. Stevens instructed
by the Australian Government Solicitor.
gd. A. LYONS ASSOCTATE TO PINCUS J.
25 July 1986
"x
ie et al
- 9 trl
hl Re Don - Sis Od
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY . N.S.W. G48 of 1986 GENERAL DIVISION
BETWEEN
ry
LEBANESE MOSLEM ASSOCIATION
First Applicant
AND: SOHER GABER HAMED Second Applicant
AND: SHEIKH TAJ-EL-DIN HAMED Third Applicant
AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J.
DATE OF ORDER:
25 JULY 1986
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
NOTE
l.
The decision of the respondent dated 22 June, 1986 refusing to grant permanent resident status to the second and third applicants be set aside;
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