Ghizzawi, S. & Anor v Minister for Immigration & Ethnic Affairs [1986] FCA 601

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IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY } No.G571 of 1986 ) )

GENERAL DIVISION

BETWEEN : SAMIRA GHIZZAWI

First Applicant AND:

MOHAMMAD MUSTAFA GHIZZAWI

Second Applicant AND:

THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

MINUTE OF ORDER

JUDGE: Fox J. DATE OF ORDER: 11 December 1986 WHERE MADE: Svdnev.

THE COURT ORDERS THAT:

1. The application for stay of deportation be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN_THE FEDERAL COURT OF AUSTRALIA } )

NEW _SONTH WALES DISTRICT REGISTRY } No. G5S71 of 1986 .)

GENERAL DIVISTON ) BETWEEN ;

SAMIFA GHIZZAWI First Applicant

BND:

MOHAMMAD MUSTAFA GHIZZAWI

Second Applicant AND:

THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent.

CORAM: FOX Jd.

DATE: 11 DECEMBER 1986

REASONS FOR JUDGMENT (EX TEMPORE)

FOX J.

This is an application to stav a deportation order made on 27 September 1985 against the second applicant under s.12 of the Migration Act 1958 ("the Act") which deals with criminal offences by non-citizens. The first applicant is the mother of the second applicant who is 26 vears old and is a Lebanese citizen born in Lebanon. The deportation order was the subject

of an application for review under s.66E of the Act made by the

second applicant to the Administrative Appeals Tribunal. Section 66E(3) provides that the tribunal shall either affirm the

decision or remit the matter for reconsideration in accordance

with any recommendations of the tribunal.

The Deputy President of that tribunal handed down his decision on 22 Julv 1986. It was unfavourable in general to the applicant. there being two qualifications or exceptions. I set

out some of the immediatelv relevant parts of the decision:

"35; The evidence that Mr Ghizzawi mav be subject to some form of reprisals if he falls into the hands of the Svrian Armv is in my view less than cogent. However, I am not prepared to discount it altogether. I accept that Mr Ghizzawi''s brother is missing as a result of the conflict in Lebanon and that his present whereabouts is unknown. I see no reason to doubt the evidence of Mrs Ghizzawi that the family home has been destroved in the fighting. If, in fact, Tripoli is under Syrian control, it mav well be that it would be dangerous for Mr Ghizzawi to return to his native village. It does not follow, however, that there is nowhere in Lebanon to which he can safely return. I find the evidence on this point quite unsatisfactory and inconclusive. It is nevertheless a matter that requires clarification (cf. Re Simon and Minister for Immigration and Ethnic Affairs No.N85/153 - a decision handed down 20 December 1985).