Federal Court of Australia
. PeeotIQnctr ic Administrative Law - tudicial review - deci3ion3 to reruse
permanent resident statu3 and order deportation - breach oft rules or natural justice - whether interénce drawn was open on material - whether applicant entitled to opportunity to respond to adverse inrerences drawn - taking into account irrelevant considerations - railure to take into account relevant consideration where no real enquiry into applicant s claim - inadequacy of interpreter services - unreasonableness OL conclusion reached - whether Australian policy applicable
to citizens trom country which prevents emigration to
Australia.
Administrative Decisions 'Judicial Review: Act 1ly77 33. ©, 13
Migration Act 1554 3s. 6. 6A, 18
Kioa v Minister tor Immigration and Ethnic Atrairs (1985) 62 ALR 321
Kioa v Minister tor (mmiaqration and Ethnic Arrairs (1984) 55 ALR ©6y
Sinnathamby v Minister ror Immigration and Ethnic Aftairs
(1986) 66 ALR Su2
Singh v Minister tor Immigration and Ethnic Atfairg3
tunreported, Wilcox J. 4/12/85) ope
WiKsal Oo:
!
WANTEWSKA v MINISTER FOR IMMIGRATION AND ETHNIC AFFALRS
VG 3/7 ot LYBbe
KEELY J.
MELBUURNE
27 NOVEMBER, 1936
Far
~e*
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY No. %G377 of 1986
GENERAL DIVIS LON
BETWEEN: ELIZABETH WANIEWSKA Applicant AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
27 November, 1986 KEELY J.
REASONS FOR JUDGMENT
This is an application, dated 30 October 1986, for an order ot review under s. 5 ot the Administrative Decisions (Judicial Review) Act 'the ADJR Act) un respect of four decisions, made on 27 October 1986, by a delegate 'the delegate) of the respondent Minister. A stay of the decision to order the deportation otf the applicant was granted by Jenkinson J. on 30 October 1986, which stay was continued by order of Ryan J. on 7 November 1986. Those four decisions were made under the Migration Act in respect of Elizabeth Waniewska (the applicant), and were set out in a statement of reasons, dated 31 October 1986, turnished by the delegate under s. 13 of the ADJR Act. The material part of that
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