Federal Court of Australia
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. .* 305
CATCHWORDS
IMMIGRATION - deportation - reasons given - reasons considered "compassionate or humanitarian" circumstances - applicants' baby requiring surgical treatment - relevance - whether
information concerning baby necessitated reconsideration of whole matter - interlocutory relief.
Administrative Decisions (Judicial Review) Act 1977
Migration Act 1958
Ane Teresia Wagaliva & Anor. v. The Minister for Immigration and Ethnic Affairs
Qld G89 of 1987
PINCUS J. BRISBANE
12 JUNE 1987
IN THE FEDERAL, COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G89 of 1987 GENERAL DIVISION ) BETWEEN: ANE TERESTA WAQALIVA
First Applicant
AND: JONE QUVULOA WAOALIVA
Second Applicant AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
PINCUS J. 12 JUNE 1987
REASONS FOR JUDGMENT
The applicants, who are Fajian citizens, apply for interlocutory relief pending the hearing of their application for
an order of review under the Administrative Decisions (Judicial
Review) Act 1977. Decisions which it is sought to review are not to grant them further temporary entry permits under the Migration Act 1958, to refuse them "permanent resident entry permits", to
direct that they depart Australia and to deport them.
A similar application was made to me on 23 July 1986, in relation to deportation orders against the present applicants. I granted that application on the basis that reasons given raised a
prima facie case of breach of the rules of natural justice. The
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proceedings in which that interlocutory order was made have never
come to trial; they were discontinued on 19 January 1987.
In summary, the essential facts are that each applicant
came to Australia lawfully some years ago, but has not had a current temporary entry permit since shortly after arrival, that they married here in 1984 and have two children, the younger of whom was born with a serious physical disability; the prospect of
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