; 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 great hardship to his mother. Q - oa ee TT Vr en t some es fi . vf as Sacer oo ee ee ny 2 :. ae oa 2. 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 to his mother. In my opinion, no sufficient case has been made out for the grant of the interlocutory relief that is sought, or any of it. It appears from the material which Mr Little has placed before the court that he has, on behalf of the applicant, forwarded to the departmental authorities a statement of the humanitarian and compassionate reasons why the applicant's deportation would cause great hardship to his mother and that those matters have been taken into consideration and weighed against other circumstances and rejected as a reason for the change of status that has been sought. Those considerations, I think, appear clearly from a reading of the whole of the document which Mr little has put before me. Under those circumstances [I refuse the grant of any co " oe Voy - aw ey eer. wae a eee - se : poms cae