Federal Court of Australia
I,
LIMITED DISTRIBUTION a
CATCHWORDS
IMMIGRATION - Application to stay the execution of a deportation order - Previous application for stay refused - Application based alternatively upon the claim of a serious question to be tried and upon the intention to seek leave to appeal - No additional material indicating a serious question to be tried - Not evident that leave to appeal would be likely to be granted - Trial judge had held that rules of natural justice applied and had been met - No reasonable prospect that
appeal would be likely to succeed.
Administrative Decisions (Judicial Review) Act 1977 s.15 Migration Act 1958 s.11B
Kioa v West (1985) 60 ALJR 113, Salemi v MacKellar (1977) 137
CLR 396, Queen and MacKellar; Ex parte Ratu (1977) 137 CLR 461 referred to.
NSW G.476 Of 1986 PERCY ROJAS v_ MINISTER OF IMMIGRATION AND ETHNIC AFFAIRS & ANOR
Wilcox J Sydney 12 November 1986
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
TION
LIMITED DISTRIBUTION
CORAM : PLACE:
DATE:
BETWEEN:
AND:
No. G.476 of 1986
PERCY ROJAS
Applicant
MINISTER FOR
IMMIGRATION AND ETHNIC AFFAIRS
First Respondent
JOHN DAVIDSON
WILCOX J SYDNEY
12 NOVEMBER 1986
Second Respondent
MINUTES OF ORDER
THE COURT ORDERS THAT:
The application be dismissed.
2. The applicant to pay the respondents' costs of this
application.
Note: Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.
LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.476 of 1986 ) )
GENERAL DIVISION
BETWEEN: PERCY ROJAS
Applicant
AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS First Respondent JOHN DAVIDSON
Second Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 12 NOVEMBER 1986
EXTEMPORE REASONS FOR JUDGMENT
This application has been made under circumstances of some urgency. It relates to a prospective deportation of the applicant Percy Rojas who, I am informed, is even now at
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