Federal Court of Australia
Dy f Ron Sia
Administrative law - judicial review - decision by respondent to
deport applicant to Iran - whether a decision to which the Act applies - application for stay of proceedings under respondent's
decision until the hearing of the application - allegation that the respondent failed to consider material relating to the likely fate of the applicant upon his return to Iran - whether a serious
question to be tried
Administrative Decisions (Judicial Review) Act 1977 ss.5, 15 Migration Act 1958 ss.18, 20, 21, 22, 39
MAJID FARDSAVAR, HAMID FARDSAVAR and MOHAMMED ALI FARDSAVAR
Vv.
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
No. WA G107 of 1986
TOOHEY J. PERTH
7 NOVEMBER 1986
IN THO FPEDCRAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G107 of 1986
BETWEEN
MAJID FARDSAVAR, HAMID FARDSAVAR and MOHAMMED ALI FARDSAVAR
Applicants
and
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
CORAM: TOOHEY J.
7 November 1986
REASONS FOR JUDGMENT.
On 20 February 1986 the respondent ordered the deportation of the applicant Majid Fardsavar pursuant to s.18 of the Migration Act 1958. Mr. Fardsavar sought a review of that
decision under the provisions of the Administrative Decisions
(Judicial Review) Act 1977. On 3 October 1986 Forster J.
dismissed that application.
Arrangements were then made by the respondent's department to give effect to the deportation order by Placing Mr. Fardsavar on a plane late on the night of Monday, 3 November so that he might be flown to Bombay and, witha
connecting flight, be returned to Iran, his country of origin. On
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the afternoon of 3 November I heard. as a matter of urgency, a motion on behalf of Mr. Fardsavar for a stay of the deportation order and I aranted a temporary restraint. In truth, what Mr. Fardsavar was seeking was not a stav of the deportation order (which itself was not the subiect of challenge) but an order under 5.15 of the Judicial Review Act staying proceedings under the decision to deport him to Iran. Yesterday I heard further
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