Shand, I.G. & Ors v Minister for Immigration & Ethnic Affairs [1986] FCA 585

SD LAA TES DASTRARUT Vad

TCHWORDS

ADMINISTRATIVE LAW - judicial review - interlocutory application for

stay of deportation orders and release from custody - whether sufficiently arguable case - whether Minister has power to deport once person assimilated into community - prior right to citizenship - whether sufficient consideration given to prohibited non-citizens'

prior residence in Australia.

Administrative Decisions (Judicial Review) Act (Cth) 1977: s. 5.

JAN GEORGE SHAND, PATRICIA ANN SHAND and PAUL SHAND v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

G 517 of 1986

LOCKHART J. 18 NOVEMBER 1986 SYDNEY

- no Q al DECS |

EDERAL COURT OF \ N F AUSTRALIA

\7 PAING:PAL \ ACGISTRY

SOUTH 5} EGIS VISTON

No. G.517 of 1986

BETWEEN : IAN GEORGE SHAND, PATRICIA ANN SHAND and PAUL SHAND

Applicants

AND: MINISTER FOR JMMIGRATION AND ETHNIC AFFAIRS

Respondent

EX- ORE INS_FOR JUDGMENT

LOCKHART J.

This is an application under the Administrative Decisions (Judicial Review) Act 1977 by three people who seek to review decisions of a Delegate of the Minister for Immigration and Ethnic Affairs made on 14 November 1986 to refuse to grant Permanent residence status to the applicants and decisions to make deportation orders against each of then. Today the applicants seek an order staying the operation of the deportation orders pending the final hearing of the substantive application for review and an order releasing the two male applicants from custody. They have been in custody at the Villawood detention centre since 20 October 1986. The female applicant is not in

custody.

N Tr US' A ) NEW SOUTH WALES DISTRICT REGISTRY No. G.517 of 1986 GENERAL DIVISION BETWEEN: JAN GEORGE SHAND, PATRICIA ANN SHAND and PAUL SHAND Applicants AND: MINISTER FOR IMMIGRATION AND. IC AFFAIRS Respondent JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: 18 NOVEMBER 1986 WHERE ORDER MADE: SYDNEY