Federal Court of Australia
IMMIGRATION - Turkish national- previously prohibited immigrant and prohibited non-citizen in Australia — attempt to re~enter on
false passport - stopped at airport - decision to remove from
Australia - order made under s.36A Migration Act - married to
British citizen permanent resident of Australia - 3 Australian children under age of 4 ~ no reason given for decision - decision harsh - so harsh as to give rise to possbility of error in
principle - stay extended to enable hearing of review application.
Migration Act 1958 s.36A Administrative Decisions (Judicial Review) Act 1977
Faingold v Zammit (1984) 1 FCR 87
HACOGLU TUNCAK V THE HONOURABLE MICHAEL J. YOUNG, MINISTER OF
STATE FOR IMMIGRATION AND ETHNIC AFFAIRS No. VG 195 of 1987
FRENCH J. 29 JULY 1987 PERTH ' Ow py
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IN THE FEDERAL COURT
) OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY )
)
GENERAL DIVISION NO. VG 195 OF 1987
BETWEEN: HACOGLU TUNCAK Applicant and
THE HONOURABLE MICHAEL J. YOUNG MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 29 JULY 1987 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. That the Respondent be restrained until the hearing and determination of this application or until further order
from taking any steps to have the applicant removed from
Australia.
2. Costs of the motion in the cause.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
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ier raletiieattet seated ~
A
i
Be rn en ees aes -
IN THE FEDERAL COURT
} OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY )
)
GENERAL DIVISION NO. VG 195 of 1987
BETWEE N: HACOGLU TUNCAK Applicant AND
THE HONOURABLE MICHAEL J. YOUNG, MINISTER OF STATE FOR IMMIGRATION
AND ETHNIC AFFAIRS
Respondent
CORAM: FRENCH J.
29 July 1987
REASONS FOR JUDGMENT
Hacoglu Tuncak is a citizen of Turkey. He is 29 years of age. He describes himself as a Kurdish freedom fighter and is a member of an organisation known by the initials PKKO. That
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