Federal Court of Australia
CATCHWORDS
Immigration - applicant an Indian citizen from the Punjab -
applicant, who had alreadv been deported on an earlier occasion,
entered Australia illegally - here as prohibited non-citizen for 5 vears - working during this time - deportation order sianed - applicant arrested but escaped from detention centre ~- applicant re-arrested in hospital after being shot during police raid on house in which he lived - review sought of decisions to make
deportation order and to execute it - reliance placed on Minister's failure to take into account applicant's fitness to travel, his exposure to danger of arrest or persecution if returned to Punjab and applicant's wish to prosecute proceedings against members of the N.S.W. Police Force for damages -
submission that decisions disclosed unreasonable exercise of
power.
Migration Act 1958, ss. 18. 20
CHHINDA SINGH-DHILLON v. JOHN RICHARD MAHONEY AND OTHERS No. A.C.T. G22 OF 1986
Coram: Sheppard J. Date : 9 October 1986
Place: Sydnev
ot
Il]_ THE FEDEPAL COURT OF AUSTRALIA
MEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
JUDGE MAKING ORDER DATE OF ORDER
WHERE MADE
No. ACT G22 of 1986
we www
BETWEEN CHHINDA SINGH-DHILLON Applicant AND JOHN RICHARD MAHONEY AND OTHERS Respondents
MINUTE OF ORDER
Sheppard J. 9 October 1986 Sydney
THE COURT ORDERS AS FOLLOWS:
1.
The execution of the deportation order made on
17 April 1986 be stayed until fourteen days after the examination of Assistant Commissioner (Crime)
Nixon of the New South Wales police force pursuant
to Part 3 of the Rules of the Supreme Court of New South Wales.
Upon the conclusion of that examination, order the Minister, by himself or his Delegate, to consider whether the execution of the deportation order
should be deferred pending the outcome of any
proceedings instituted by the applicant against any member of the New South Wales police force or against a nominal defendant appointed pursuant to the Claims against the Government and Crown Suits
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