Schlieske, J.I. v The Minister for Immigration & Ethnic Affairs [1987] FCA 393

NOT FOR DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY No. 311 of 1987

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GENERAL DIVISION

BETWEEN: JENS INGO SCHLIESKE Applicant AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

First Respondent

JOHN REGINALD TUCHIN

Second Respondent

ROSS WILLIAM ROBILLIARD

Third Respondent

Coram: GUMMOW J. Place: Sydney Date: 14 July 1987

REASONS FOR JUDGMENT (EXTEMPORE)

These proceedings were commenced by an application filed on 9 July 1987. On 10 July 1987, after an initial hearing of an application for interlocutory relief in respect

of that application, directions were given with a view to

pee HIVE h AVC

28 JUL 1987

FEDERAL, COURT, OF

2.

today. Pursuant to those directions the applicant has filed an amended application for review under the provisions of the Administrative Decisions (Judicial Review) Act 1977, which I

shall call the ADJR Act.

The applicant relies upon two affidavits sworn by his solicitor, Mr O'Brien on 9 and 13 July 1987. There is no evidence from the applicant himself. The respondents to the amended application rely upon the affidavit of the third

respondent, Mr Robilliard, sworn today.

The present application arises out of what the applicant apprehends is the imminent carrying into effect of a deportation order made in respect of the applicant on 3 October 1986 under s.18 of the Migration Act 1958, which I shall call the Migration Act. The deportation order recited that the applicant was deemed to be a prohibited non-citizen by virtue of s.16(1) of the Migration Act, in that the applicant was not at the time of his entry into Australia on 29 June 1986 an Australian citizen and in that at the time of that entry he produced to an officer of the Department in respect of his entry into Australia a passport that was not issued to him; in addition, the applicant was not the holder of an entry permit