Federal Court of Australia
Keg stax
2Q RESTRICTED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G297 of 1986
GENERAL DIVISION
BETWEEN:
Donald Stanley Thompson and Merle Thompson
Applicants AND:
The Minister for Immigration and Ethnic Affairs
Respondent
CORAM: BURCHETT J
DATE: 23 JULY 1986
WHERE MADE: SYDNEY
EX TEMPORE REASONS FOR JUDGMENT
In this matter, an application has been made for a stay of the decision of the Administrative Appeals Tribunal, and of the decision of a delegate which was the subject of the former decision, that the applicants be deported from Australia, pending
the hearing of an appeal to the Full Court of this court.
The application comes before me pursuant to Order 53 Rule 9. The application is opposed on the ground, as Mr Hyndman
put it, that it appears there has been no error, and he further
2.
put that there cannot be seen any obvious errors of law which would warrant the appeal. Nothing has been urged, if I should not accept those submissions, on the balance of convenience. On the other side, it was put that the female applicant has been at large since July of 1984 and the male applicant since July of 1985, and it has not apparently been thought necessary to take
either of them into custody at any stage since those dates.
There thus appears to have been no suggestion, and there is no suggestion put before me, that they would seek to abscond
during the pendency of an appeal, or if the decision went against them. They have not so sought to abscond when the decision of
the Administrative Appeals Tribunal went against them.
I have perused the reasons of the learned Deputy President in the Administrative Appeals Tribunal, and the notice of appeal. The question is not, of course, whether there has been an error. That is the very question which it is for the Full Court to determine. It does not seem to me that it can be said of this appeal that it is obviously doomed to failure, or that it is lacking in bona fides. I think that in accordance with the ordinary principles the applicant has made out a case
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