Federal Court of Australia
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Sil
ADMINISTRATIVE LAY ~ committal proceedings - conspiracy to prevent
oy defeat the execution or enforcement of a law of the Commonwealth - review only in exceptional cases - committal complete - no intricate consideration of evidence required - important question of statutory construction - case proper for review - construction of Crimes Act 1914 s.86(1){b) - ordinary meaning of words - "prevent", "defeat", "execution", "enforcement" - application to officer exercising statutory
discretion - concomitant exercise of statutory duty - agreement to
make false statements affecting exercise of statutory discretion -
defeat execution of law - relationship of statutory conspiracy to common law conspiracy to defeat Act of Parliament - requirement for dishonesty cr fraud - conspiracy to effect public mischief -
conspiracy to affect statutory discretion by false statements within section - irrelevant that discretion exercised by reference
to policy guidelines in manual - applications dismissed.
Migration Act 1958 s.6, s.1llA
Crimes Act 1914 Judiciary Act 1903 sub-s.68(2)(b) and (3)
Schubert v Minister for Immigration and Ethnic Affairs (unrep. 29/5/87 French J.)
Lamb v Moss (1983) 49 ALR 533
R v Corak (unrep. NSW CCA 24/11/67)
R v Cahill (1978) 22 ALR 361
Forsyth v Rodda (unrep. 1/4/87 Jackson J.)
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JARINT KUNAKOOL v HIS
WOPSHIP MR BOYS S.ii.
WHITTICK NO. WAG 23 OF 1987
JARINT KUNAKOOL V HIS
WHITTICK NO. WAG 25 OF 1987
WOPSEIP MR SIMPSON S.M.
and RONALD LESLIE
and RONALD LESEIC
FRENCH J. 16 June 1987 Perth
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IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 23 of 1987
BETWEEN: JARINT KUNAKOOL
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