Federal Court of Australia
D2" (NOT FOR PUBLICATION)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G347 of 1987
GENERAL DIVISION
EX TEMPORE JUDGMENT
Between: PERIANNAN MURUGASU (Applicant)
And: THE MINISTER FOR IMMIGRATION AND ETHNIC
AFFAIRS
(Respondent)
Coram: Ryan J.
Date: 4 August 1987
EX TEMPORE REASONS FOR JUDGMENT
RYAN J.: This is an application by notice of motion for an injunction restraining the respondent from removing the applicant from Australia until the hearing of an appeal by
the applicant against an order of Wilcox J. on 28 July 1987
dismissing an application for review under the Administra fe
é Decisions (Judicial Review) Act 1977 ("the Act") £7 two é\ TT IN RECEIVED 5 i
42 AUG 1987
FEDERAL COURT GF AUSTRALIA
RINCIPAL raryacisny
decisions affecting the applicant.
ite)
The first decision was to refuse to issue a te
entry permit to the applicant. The second decision wass
Solel neietaemenen tamnes pee tamanaats
pe ere ee ee eer i oay ye fey ay oy
Ve owe
wwe
ae eri
Coane ard
Sarg me en a ? . 7 y _ '
the effect that the applicant does not have the status of a refugee within the meaning of the Geneva and New York
Conventions.
On 29 July 1987 a notice of appeal on behaif of the applicant was lodged in court, but because the applicant did not have the means to pay filing fees and a request for legal aid for the prosecution of the appeal had not at that time been considered, the notice of appeal has not yet been filed.
The notice of appeal as lodged specifies the following three
grounds:
"1. His Honour fell into error in finding that
the appellant had not been denied natural justice.
2. His Honour fell into error in finding the policy instruction No. 1330 did not apply to the applicant.
3. His Honour fell into error in finding that the applicant was not a refugee within the
meaning of s.6A(1)(c) of the Miqration Act 1958 as amended."
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