Federal Court of Australia
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ADMINISTRATIVE LAW - immigration - visitors visas ~- Sri Lankan
Tamils - apprehended at airport - s.36A Miqration Act - visas cancelled - application for entry permits refused ~ notice to airline to return applicants to Sri Lanka - application for refugee status - application refused - Ministerial policy re Sri Lankans - temporary entry contemplated for humanitarian reasons - purported distinction between persons entering Australia and persons held under s.36A - distinction not apparent on face of policy - serious question that relevant factor in possible application of policy overlooked - risk of human rights violation 1f£ applicants compulsorily repatriated - request from United Nations High Commissioner for refugees that applicants not be returned because of danger to lives - balance of convenience
favouring applicants - interlocutory injunction granted.
Migration Act 1958 s.36A Administrative Decisions (Judicial Review) Act 1977 s.5 Federal Court of Australia Act 1977 s.23
Faingold v Zammit (1984) 1 FCR 87
PETER CHARLES OSMAN-LLOYD V MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS WAG 35 OF 1987
SHANMUGARAJAH SENATHIRAJAH v MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS WAG 36 of 1987
MATHIRUBAN THANENDRAN v MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS WAG 37 of 1987
ARULPRAGASAM ANTHONIPILLAL v MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS WAG 38 of 1987
FRENCH J. fn 3 April 1987 Reci - 7 PERTH Mar: \
FECERP. SCLAT RO a BUSHEL "y (Fas PRINCI ae Nw oy REGIST! ae
= wn. MFG a
TT
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IN THE FFDERAL COURT ) OF AUSTRALTA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY
GENERAL DIVISION No. WAG 35 of 1987
IN THE MATTER of an Application for Peview
and IN THE MATTER of an Application
for a Stay pursuant to the Administrative Decisions
(Judicial Review) Act 1977 as amended BETWEEN: PRTER CHARLES OSMAN-LLOYD Applicant
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