Federal Court of Australia
ry wo
. UDGMENT No. 521/81.
PRACTICE AND PROCEDURE - stay pending appeal ~ migration -
decision to remove Turkish National from Australia under s.36A Migration Act 1958 ~- application for judicial review dismissed - appeal to Full Court instituted - motion to trial judge to make stay order - original jurisdiction of Court - balance of
convenience favouring applicant - stay order made.
Migration Act 1958 s.36A Administrative Decisions (Judicial Review) Act
Bercove v Hermes (No. 2) (1983) 51 ALR 105 Hempel v Moore (1987) 70 ALR 714 Patton v Minister for Defence (1987) 71 ALR 637
HACOGLU TUNCAK, SENIZ OZTURK-TUNCAK, OMAR, HASSAN and HAZIR O2TURK TUNCAK v THE HONOURABLE MICHAEL J. YOUNG MINISTER OF STATE FOR
IMMIGRATION AND ETHNIC AFFAIRS
VG 195 of 1987
FRENCH J. PERTH 24 OCTOBER 1987
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IN THE FEDERAL COURT
VICTORIA DISTRICT REGISTRY
) OF AUSTRALIA ) ) )
GENERAL DIVISION
NO. VG 195 OF 1987
BETWEEN: HACOGLU TUNCAK
First Applicant SENIZ OZTURK-TUNCAK Second Applicant
OMAR, HASSAN and HAZIR OZTURK-TUNCAK
Third Applicants 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: 24 OCTOBER 1987
WHERE MADE: PERTH
THE COURT ORDERS THAT:
The Respondent be restrained until further order from taking any steps to have the Firstnamed Applicant being removed from Australia prior to Sunday 8th November 1987.
There by liberty to each party to apply on twenty-four
hours notice to the other party.
2.
The costs of this Motion be reserved.
The time before which this Notice of Motion 1s to be served has been abridged by the Court to 2.00 pm 24th
October 1987.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT ) OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) GENERAL DIVISION )
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