Yoo, K.S. v Minister for Immigration & Ethnic Affairs [1987] FCA 150

LIMITED DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.121 of 1987

ww SS

GENERAL DIVISION

BETWEEN: KYU SANG YOO

Applicant

MINISTER_FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

REASONS FOR JUDGMENT

BURCHETT J.

In this matter, Gummow J. granted on 27 March 1987 an interlocutory stay of a deportation order until 5 PM on 1 April 1987, and gave certain directions in respect of the filing of affidavits. The matter came before me on 1 April 1987, when the

applicant sought an extension of that relief.

The applicant is a citizen of Korea who arrived in Australia on 29 August 1982, being granted a temporary entry permit for a period of two weeks only. He remained illegally in

Australia after the expiry of the temporary entry mit, and

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRY

On 15 January 1987 the applicant was arrested under s.38 of the Migration Act, 1958 and he has since been held in custody. On 20 March 1987 decisions were made by a delegate of the Minister refusing the applicant a further temporary entry permit, refusing him the grant of a resident entry permit, refusing him the concession of supervised voluntary departure and determining

that a deportation order be made on that day.

These decisions were made upon the basis of a submission which was also dated 20 March 1987. The submission carefully recounted the applicant's circumstances and contained a number of findings on material questions of fact, a statement detailing the material on which those findings were based, an assessment of the factors relevant to the decisions, and finally a recommendation that the decisions I have referred to be made. The delegate

added no comments of his own upon the material, but made the

decisions recommended.

Central to the applicant's case is the fact that, shortly before his arrest, he had suffered a serious industrial injury resulting in continuing incapacity. The injury was sustained on 5 December 1986 in a fall from a substantial height at his place of work. In the fall, he suffered fractures of his right wrist and other lesions as well as an aggravation of a congenital back disorder. The evidence indicates that the applicant 1s likely to continue to suffer permanent partial disability in respect of his right wrist, sufficient to interfere with his work capacity. He is presently unfit to work and in