Federal Court of Australia
JUDGMENT No... 43%...
CATCHWORDS 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 under s.36A Migration Act - application under
Administrative Decisions (Judicial Review) Act 1977 for review of
decision on grounds of failure to take into account relevant considerations, placing departmental policy ahead of individual circumstances, and unreasonable exercise of discretion - limited role of reviewing court - principles governing grounds of review - no obligation on Department to make extensive enquiries into Applicant's claims - decision not able to be set aside for error
of law or procedure.
Migration Act 1958 s.6, s.36A Administrative Decisions (Judicial Review) Act 1977
Gunaleela v The Minister for Immigration and Ethnic Affairs (unrep. 21/8/87 Full Court)
Faingold v zZammitt (1984) 1 FCR 87
Minister for Aboriginal Affairs v Peko~Wallsend Ltd (1986) 66 ALR Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR Topuz v Minister for Immigration and Ethnic Affairs (unrep.
18/2/86 Keely J.) Osman-Lloyd v Minister for Immigration and Ethnic Affairs (unrep.
5/6/87 French J.) .
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HACOGLU TUNCAK, _SENIZ OZTURK-TUNCAK, OMAR,
HASSAN AND HI2ZIR
OZTURK-TUNCAK v THE HONOURABLE MICHAEL J. YOUNG,
MINISTER OF STATE
POR IMMIGRATION AND ETHNIC AFFAIRS
VG 195 OF 1987
FRENCH J. PERTH 1 SEPTEMBER 1987
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IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
No. VG 195 of 1987 BETWEEN: HACOGLU TUNCAK First Applicant and SENIZ OZTURK-TUNCAK Second Applicant and OMAR, HASSAN & HIZIR OZTURK-TUNCAK Third Applicants and THE HONOURABLE MICHAEL J. YOUNG MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS
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