Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 184 of 1987 ) )
GENERAL DIVISION
Between: PREMANAERTHAN THERESA GUNALEELA
AND OTHERS Applicants And: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent
CORAM: Einfeld J.
DATE: 16 June 1987
PLACE: Sydney
REASONS FOR JUDGMENT
This case concerns a judicial review of certain decisions made ~"by the respondent in respect of applications by four Sri Lankans of Tamil oxigin to remain in Australia under one classification or another. The matter was part-heard on Wednesday, 27 May 1987, when affidavits were read, documents were tendered and some short oral evidence was given. At the conclusion of the hearing on Friday, 29 May 1987, I gave certain directions concerning the future progress of the case which included that the Minister should provide to the applicants copies of all decisions that had been made and were sought to be reviewed, that the parties should file written submissions and that the matter should be continued on Thursday, 18 June 1987. On Wednesday, 10 June 1987, Mr.
Gyles of Queens Counsel, on behalf of the respondent Minister, made an
application that I should disqualify myself from the further hearing of the matter upon the basis of a letter written by me to the Minister in my capacity as President of Human Rights and Equal Opportunity Commission on 6 May 1987. That letter, which is marked for identification RVG 1, was written on behalf of four quite different Sri Lankans of Tamil ethnic origin who had been refused temporary entry permits at Perth Airport on 25 March 1987. They had subsequently been refused refugee status and had made application to this Court for a review of that and perhaps other decisions. This matter has subsequently been litigated and resolved by a judgment of Mr. Justice French dated 5 June 1987. I have not read his Honour's judgment because I was notified that the Minister was making an application that I disqualify myself and it seemed inappropriate that I should therefore
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