Federal Court of Australia
Trey, Reed re
CATCHWORDS
ADMINISTRATIVE LAW - migration - judicial review of decision to deport - application for stay of decision - applicant prohibited non-citizen with Australian wife and child - history of deception - natural justice - relevant and irrelevant considerations - unreasonableness - bad faith of departmental officer - role of Court upon judicial review —- no serious question to be tried.
Administrative Decisions (Judicial Review) Act 1977 ss. 5, 13, 15.
Migration Act 1958 ss. 6A, 7, 18
WAG 124 of 1986 TREVOR ANDREW JOHNSON ALSO KNOWN AS NICHOLAS JOHN MYERS, ANGELA
MARIE MYERS and RYAN GREGORY MYERS V THE MINISTER FOR IMMIGRATION
AND ETHNIC AFFAIRS
FRENCH J. PERTH 19 DECEMBER 1986
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 124 of 1986
BETWEEN: TREVOR ANDREW JOHNSON
also known as NICHOLAS JOHN MYERS First Applicant
ANGELA MARIE MYERS Second Applicant
RYAN GREGORY MYERS Third Applicant
and
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
MINOTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 19 December 1986 WHERE MADE: Perth
THE COURT ORDERS THAT:
The motion for a stay of the deportation order be
dismissed.
The costs be reserved.
The matter to be listed for further directions on a date to be fixed by the Registrar on application by either
party.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
{See also Order 37 rule 2(3).)
IN THE PEDFRAT CORI OF AUSTRALTA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 124 of 1986
BETWEEN: TREVOR ANDREW JONSON ALSO KNOWN AS NICHOLAS JOHN MYERS
First Applicant
ANGELA MARIE MYERS
Second Applicant
RYAN GREGORY MYERS Third Applicant and
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent CORAM: French J.
19 December 1986
REASONS FOR JUDGMENT Trevor Johnson, the first applicant, is a British citizen in Australia without any current entry permit. "At one time he held a temporary entry permit under the Migration Act but it expired on 17 February 1986 and no further permit was issued. He is therefore, by force of sub-s. 7(3) of the Migration Act
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