Kiejna, R. v Minister for Immigration & Ethnic Affairs [1986] FCA 341

; Phinccgar REST

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY NO. VG 301 of 1986

GENERAL DIVISION

BETWEEN: RYSZARD KIEJNA Applicant AND: THE MINISTER FOR IMMIGRATION

AND ETHNIC AFFAIRS Respondent

THE COURT: Sweeney J. DATE : 8 August, 1986 PLACE : Melbourne

QTE hE REASONS=FOR JUDGMENT

In this matter, an application has been filed by the applicant to review the decision of 23 July 1986 that a deportation order of 10 duly 1986 in respect of the applicant be affirmed. The applicant is aggrieved, the application says, because his deportation will cause him and his mother great hardship. The grounds of the application to review are that the decision was an improper exercise of the power under which it purported to be made in that it failed to take a relevant consideration into account, namely the humanitarian and compassionate reasons why the applicant's deportation would cause

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The applicant claims by way of interlocutory order that until further order; 1, the deportation order be stayed; 2, the applicant be released and by way of principal relief that there be an order that the deportation order be quashed or set aside. As I have said in the course of argument, this court is not invested with some general power which enables it to look at the merits of individual cases as if it were itself either the Minister or the

Minister's delegate. The power of the court is limited to the powers which have been conferred upon it by way of judicial review. The applicant has sought to bring himself within the breach of those powers by alleging a failure to take into account the relevant consideration, the humanitarian and compassionate

reasons why the applicant's deportation would cause great hardship