Federal Court of Australia
994} 1987
- CATCHWORDS Administrative Law - migration - deportation order issued
whilst applicant in prison with considerable part of sentence still to be served - matters taken into account by Tribunal -
whether decision premature - whether significant change in
relevant facts and circumstances - whether Minister's
decision correct or erroneous.
Administrative Appeals Tribunal Act 1975, s.44. Migration Act 1958, s.13.
ROY THOMAS DANNY JOHNSON v. MINISTER FOR IMMIGRATION AND
ETHNIC AFFAIRS
No. VG 42 of 1987
Sweeney, Jenkinson and Ryan JJ.
29 October 1987
Melbourne
IN THE FEDERAL COURT OF AUSTRALIA )
. ) VICTORIA DISTRICT REGISTRY ) No. VG 42 of 1987
)
)
GENERAL DIVISION
On appeal from the Administrative Appeals Tribunal.
BETWEEN: ROY THOMAS DANNY JOHNSON (Applicant) AND: MINISTER FOR IMMIGRATION
AND ETHNIC AFFAIRS (Respondent )
THE COURT: Sweeney, Jenkinson & Ryan JJ
PLACE: Melbourne DATE: 29 October 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
The appeal be dismissed with costs.
NOTE: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
IN_PHE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY GENERAL DIVISION
No. VG 42 of 1987
On appeal from the Administrative Appeals Tribunal.
BETWEEN: ROY THOMAS DANNY JOHNSON (Applicant)
AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
(Respondent)
THE COURT: Sweeney, Jenkinson & Ryan JJ
PLACE: Melbourne DATE: 29 October 1987
REASONS FOR JUDGMENT
The Court
This is an appeal from a decision of the General Division of the Administrative Appeals Tribunal constituted by Mr. I.R. Thompson, Deputy President, given on 20 January
1987.
By that decision the Tribunal affirmed a decision by the respondent dated 27 July 1983 that the applicant be deported from Australia pursuant to s.13 of the Migration Act
1958 ("the Act") as it then was in effect.
The background to the appeal as set out in the
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