Parmar, D.S. v Minister for Immigration & Ethnic Affairs [1986] FCA 567

SC] NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V. No. G 349 of 1986

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GENERAL DIVISION

DHANBIR SINGH PARMAR (also known as DENNIS PARMAR also known as DENNIS SINGH) Applicant

and

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent

COURT: NORTHROP J. DATE: 23 OCTOBER 1986 PLACE: MELBOURNE

EX TEMPORE REASONS FOR JUDGMENT

There is a motion before the Court that interlocutory orders be made restraining the respondent from enforcing an order of deportation against the applicant, Mr. Parmar, and for an order that the applicant be released from the detention centre at Maribyrnong. I shall deal first with the question of whether an interlocutory order should be

made.

- 3DECI986

FEDERAL COURT OF

AUSTRALIA _f RAI' CIPAL f

fb:

The facts of this case are somewhat unusual. Mr.

Parmar is an Indian of the Sikh persuasion. He first entered

Australia on 16 March 1983 pursuant to a temporary entry permit for one month. He did not comply with the terms of that entry permit and remained in Australia until December 1985 when he was apprehended and was deported in January 1986 pursuant to the provisions of the Magration Act 1958 ("the Act"). He arrived back in Australia on 20 April 1986 on transit to Fiji and was granted a temporary entry permit for 24 hours to enable him to stay in Australia until he could catch the ongoing flight to Fiji. Again, he ignored the conditions of that entry permit and remained in Australia

until he was apprehended on 28 August 1986.

A deportation order was made on 24 September 1986.

On 3 October 1986 an application was made to this Court for an order of review under the Administrative Decisions

(Judicial Review) Act 1977. The decisions sought to be

reviewed in that application were the decisions that the

applicant be refused a temporary entry permit, that the