Federal Court of Australia
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CATCHWORDS Administrative Law - Deportation of prohibited non-citizen - Judicial Review - Natural Justice - Fa1lure to consider relevant circumstances/consideration of irrelevant circumstances -
Improper/unreasonable exercise of discretionary power conferred on the Minister by the Migration Act.
Migration Act 1958: ss. 6A, 18, 31A.
Administrative Decisions (Judicial Review) Act 1977 s. 5.
DEREK JAMES GREAVES V MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
NO. G6 OF 1987
Einfeld J. 19 February 1987 Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NO. G6 OF 1987
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GENERAL DIVISION
BETWEEN : DEREK JAMES GREAVES Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent Coram: Einfeld J. Date: 19 February 1987 Place: Sydney MINUTE OF ORDERS 1. That the deportation and other orders and decisions made against
the Applicant on 7 January 1987 be quashed, other than the decision to revoke the orders and decisions of 19 December 1986.
2. That the matters be referred to the respondent Minister for further consideration of the orders and decisions, in accordance with the Reasons for Judgment hereon.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NO. G6 OF 1987
er ee ee
GENERAL DIVISION
BETWEEN: DEREK JAMES GREAVES Applicant AND: MINISTER FOR IMMIGRATION
AND ETHNIC AFFAIRS Respondent
Coram: Einfeld J.
Date: 19 February 1987
REASONS FOR JUDGMENT
Pursuant to section 5(1) of the Administrative Decisions (Judicial Review) Act 1977 ("the ADJR Act"), the Applicant seeks a review of certain orders of the Respondent's delegate made pursuant to the Migration Act 1958 ("the Migration Act") on 19 December 1986 and 7 January 1987 including an order for his deportation from Australia. When filed, the Application was also brought by Jane Francis Kennedy, the fiancee of the Applicant, but by consent she was dismissed from the Application at the commencement of the hearing. The Applicant was arrested on 6 January 1987 pursuant to the deportation order made on 19 December 1986 and brought urgent proceedings before Mr. Justice Beaumont sitting in vacation for a temporary stay of the order pending the application for review. On the afternoon of 7 January 1987 after the proceedings before Mr. Justice Beaumont had taken place and his Honour
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