Federal Court of Australia
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IN_THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
) ) ) ) No. ACT G1 of 1987 ) ) )
GENERAL DIVISION
BETWEEN : MOHAMAD AMINUDDIN MOHAMAD ALI Applicant AND: PETER JAMES CASTRISSION
First Respondent
MINISTER FOR IMMIGRATION and ETHNIC AFFAIRS
Second Respondent
CORAM: Neaves J.
DATE: 7 January 1987
EX TEMPORE REASONS FOR JUDGMENT This is an application by Mohamad Adminuddin Mohamad Ali ("the applicant") for an interim injunction restraining the
execution of a deportation order pending the hearing of an
application for an order of review under the Administrative
Decisions (Judicial Review) Act 1977 (Cth) ("the Judicial
Review Act") in respect of a decision taken on or about 5 January 1987 that the applicant be deported from Australia
pursuant to s.18 of the Migration Act 1958 (Cth) ("the
Migration Act") rather than that he should be allowed_to leave
Ay
voluntarily.
fe?) A ~—prn Col REC AE 1Z2FCB 1987 FEDERAL COURT OF
AUSTRALIA
eas PRINCIPAL J REGISTAY
on.
2.
The ground of the application is that set out in par.5(i)(e) of the Judicial Review Act namely, that the making of the decision was an improper exercise of the power conferred by s.18 of the Migration Act in that, in terms of par.5(2)(b) of the Judicial Review Act, the delegate of the Minister failed to take into account a relevant consideration. It was submitted that the delegate had failed to take into account that, if the applicant was deported rather than allowed to depart voluntarily, there would be likely to be imposed an embargo on his re-entry to Australia for a period of five
years.
It 1s not for the Court to make a decision whether, given the applicant's circumstances, it would have been prepared to afford him an opportunity to leave Australia voluntarily as he now says that he 1s prepared to do. That was a matter for the delegate of the Minister and I am not satisfied, on the material that has been placed before me, that there is a serious question to be tried that the decision to
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