Federal Court of Australia
CATCHWORDS —_——
Administrative Law — Judicial Review - Deportation of prohibited non- citizens ~- whether decision to deport before final determination of refugee status had been resolved constituted denial of natural justice - whether decision to make a decision on deportation to disadvantage of
potential deportee while final determination of refugee status
outstanding unreasonable.
Administrative Decisions (Judicial Review) Act 1977: s. 5.
Migration Act 1958: ss. 6A, 18
HUSSEINAH BANU, SIRAZUL ISLAM AND ABDUL RAHIM —- V -
THE HONOURABLE CHRISTOPHER JOHN HURFORD
No. G3 of 1987
iL. - Einfeld J. > => FEDERAL ccoo-7 co te Sydney \. AUSTRALIA ed AD, Sal f A REG f
30 January 1987 oy >» aca. a Ge P We a) ji Tea Ne
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN:
REASONS FOR
rer er)
No. G3 of 1987
HUSSEINAH BANU
First Applicant SIRAZUL ISLAM
Second Applicant
ABDUL RAHIM
Third Applicant
THE HON. CHRISTOPHER HURFORD
Respondent
EINFELD J.:
1. Introduction
The first Applicant, Husseinah Banu,
and her husband, the second
Applicant, Mohammed Sirazul Islam, arrived in Australia on 20 August
1985. Mr. Islam was given permission toa stay here for three months
whereas Ms Banu for some reason was granted a six months stay. The
expiry dates of their temporary entry permits were respectively 21
November 1985 and 20 February 1986. The third Applicant, Abdul Rahim (the son of Ms Banu by a previous marriage and the stepson, therefore, of Mr. Islam), arrived in Australia in February 1986 and was given a one month temporary entry permit expiring on 24 March 1986. On the respective expiry dates of the entry permits, all of these persons became prohibited immigrants pursuant to section 7(3) of the
Migration Act 1958 ("the Migration Act") and thus became liable to
deportation (section 18) in the unfettered discretion of the respondent Minister. Their continuing residence 1n Australia after the expiry dates of their temporary entry permits were offences under the Migration Act. Nonetheless, they did remain in Australia until they were arrested on 21 November 1986. During the intervening period they all apparently engaged in employment, contrary to the terms of their entry permits, and
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