Mahoney, John Richard & Ors v Dillon, Chhinda Singh [1987] FCA 65

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THE JUDGMENT 65 WAS INCOMPLETE "THIS IS THE CORRECT ONE THANK YOU PRINCIPAL REGISTRY.

CATCHWORDS

Administrative Law - immigration - s.20 Migration Act 1958 - whether execution of an order for deportation a "decision" susceptible of review under Administrative Decisions (Judicial Review) Act - whether a relevant decision in fact made - power to grant relief under 3.16 Administrative Decisions (Judicial Review) Act requires existence of a reviewable decision under an enactment - no power in Minister to suspend operation of deportation order - no evidence of request for revocation of deportation order.

Administrative Decistons (Judicial Review) Act 1977.

Migration Act 1958 Judiciary Act 1903, s.39B

Dallikavak v. Minister for Immigration and Ethnic Affairs (1985) 61 ALR 471 Znaty v. Minister of State for Immigration (1972) 126 C.L.R 1

Daguio v. Minister for Immigration and Ethnic Affairs,Ryan J., 31 October 1986, unreported.

Laremont v. Minister for Immigration and Ethnic Affairs, Lockhart J., 6 December 19985, unreported. Coulton v. Holcombe (1986) 60 A.L.J.R. 470

Lamb v. Moss (1983) 49 ALR 533

JOHN RICHARD MAHONEY & ORS v. CHHINDA SINGH DILLON

No. G495 of 1986

CORAM: Fox, Beaumont and Gummow JJ.

19 February 1987

Sydney

IN THE FEDERAL COURT OF AUSTRALIA } NEW SOUTH WALES DISTRICT REGISTRY ) No. G495 of 1986 GENERAL DIVISTON )

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN : JOHN RICHARD MAHONEY First Appellant GREGORY CHARLES KELLY Second Appellant PETER JAMES CASTRISSTION

Third Appellant

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Fourth Appellant AND: CHHINDA SINGH-DHILLON

Respondent MINUTES OF ORDER Judges making orders: Fox, Beaumont and Gummow JJ. Date order made: 19 February 1987 Where made: Sydney THE COURT ORDERS THAT: 1. The appeal be allowed. 2. That the orders made by the Court on 9 October 1986 be set aside and, in lieu thereof, that the amended