Matthews, M.G. v Minister for Immigration & Ethnic Affairs [1986] FCA 550

NOT CONSIDERED SUITABLE FOR CIRCULATION

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.474 of 1986

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GENERAL DIVISION

BETWEEN:

MARY GILLIAN MATTHEWS

Applicant

MINISTER FOR

IMMIGRATION AND ETHNIC AFFAIRS

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

BURCHETT J.

This is an application for interlocutory relief brought in circumstances of extreme urgency. The applicant is subject to a deportation order, and is presently, I am informed, in the holding room at Kingsford Smith Airport, due to be placed on an

aeroplane at 3 o'clock this afternoon. It 1s now twenty-five

past one.

In those circumstances, it is understandable that the

application itself is somewhat defective, but very properly no . Vie. point is taken on the formulation of it. At any"pate,. in' my

view, it does sufficiently raise questions' under the

2.

Administrative Decisions (Judicial Review) Act 1977 in respect

both of the refusal of an entry permit and the making of the

deportation order.

Material has been placed before me which clearly shows a powerful balance of convenience in the applicant's favour, but of course before I can come to that it is incumbent upon the applicant to satisfy me that there is a serious question to be

tried within the well known principles of the Coarse Grains case.

The applicant has tendered two affidavits dealing with the situation, from which it appears that she is married to an Australian citizen and that, though apparently the parties are not currently living together, all ties have by no means been

severed.

The submission under which the deportation order was made has also been tendered, together with certain of the attachments, and it is not suggested that there are any further attachments which would throw any light on the interlocutory questions. It seems to me that a number of issues of law are raised, both under s.6A(1)(b) and under s.6A(1)(e) of the Migration Act 1958, but it is not necessary for present purposes to consider any of them, other than an issue which is raised particularly by paragraphs 15 and 23 of the submission which place particular emphasis upon what is described in paragraph 15