Federal Court of Australia
IMMIGRATION - deportation - German citizen - migrant resident of Australia - absence overseas - re-entry on visa - criminal conviction not disclosed - whether prohibited immigrant under Migration Act 1958 as at 1979 and 1982 - statutory effect of visitor's visa before and after 1979 - visa - error of law -
simplistic test of "immigrant" status.
Migration Act 1958 s.6A, 31A, 11, 18, 16
Migration Amendment Act 1983 Migration Amendment Act 1979
Potter v Minahan (1908) 7 CLR 277
ROLF HELMUT SCHUBERT v THE HONOURABLE MICHAEL YOUNG MINISTER OF' STATE FOR IMMIGRATION AND ETHNIC AFFAIRS AND THE COMMONWEALTH OF
AUSTRALIA NO. G174 of 1987
FRENCH J. 29 MAY 1987
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
NO. G174 of 1987
BETWEEN: ROLF HELMUT SCHUBERT
Applicant
and
THE HONOURABLE MICHAEL YOUNG Minister of State for Immigration and Ethnic Affairs and the COMMONWEALTH OF AUSTRALIA
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 29 May 1987
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The decision of the Respondent made on 8 April 1987 to deport the Applicant be set aside.
2. The question of whether the Applicant should be deported from Australia be remitted to the Respondent for reconsideration according to law.
3. The Respondent pay the Applicant's costs of the
application.
NOTE: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
NO. G174 of 1987 BETWEEN: ROLF HELMUT SCHUBERT
Applicant
and
THE HONOURABLE MICHAEL YOUNG Minister of State for Immigration and Ethnic Affairs and the COMMONWEALTH OF AUSTRALIA
Respondent CORAM: FRENCH J. 29 May 1987
REASONS FOR JUDGMENT The American poet Robert Frost once wrote that "Home 15
where, when you go there, they have to let you in".
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