Federal Court of Australia
Ped
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et
JUDGMENT No. ©0272...
ADMINISTRATIVE LAW - deportation ~ judicial review application -
motion to issue subpoena to Minister for Immigration and Ethnic Affairs - whether power to 1ssue subpoena - principles governing exercise of discretion - availability of remedy for inadequate
reasons - no relevant evidence adduced - motion dismissed.
Administrative Decisions (Judicial Review) Act 1977 s.13(7)
Federal Court Rules 0.27 r.2
Federal Commissioner of Taxation v Nestle Australia Ltd (1986) 69
ALR 445
R v Baines (1909) 1 KB 258
MAJED MAHMOUD HAOUCHER V THE MINISTER OF STATE FOR IMMIGRATION AND
ETHNIC AFFAIRS NO. WAG 76 OF 1987
FRENCH J.
PERTH
4 NOVEMBER 1987 Foy. are) = 9 NOV 1987
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
NO. WAG 76 OF 1987
BETWEEN: MAJED MAHMOUD HAOUCHER Applicant
and
THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 4 November 1987 WHERE MADE: PERTH
THE COURT ORDERS THAT:
l. The applicant's motion dated 15 October 1987 1s
dismissed.
2. The applicant is to pay the respondent's costs of the
motion in any event.
NOTE: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
NO. WAG 76 of 1987 BETWEEN: MAJED MAHMOUD HAOUCHER Applicant
and
THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
CORAM: FRENCH J. 4 NOVEMBER 1987
REASONS FOR JUDGMENT
(MOTION FOR SUBPOENA) The applicant is a 32 year old Lebanese national who Migrated to Australia on 1] February 1977. On 29 May 1985 he pleaded guilty in the District Court at Perth to the offence of
possession of cannabis resin with intent to sell or supply it to
another.
He was sentenced to a term of 5 years imprisonment with a minimum of 2 1/2 years before he would be eligible for parole.
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