Cruz, Claro & Anor v Young, Michael, Minister of State for Immigration & Ethnic Affairs [1987] FCA 809

awd

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CATCHWORDS

ADMINISTRATIVE LAW - Unreasonable exercise of power by administrative

officer.

IMMIGRATION - Stay of execution of deportation order - Prohibited

non-citizens - Refusal to grant temporary entry permit and decision to

execute deportation order.

Administrative Decisions (Judicial Review) Act 1977: s. 5.

CLARO CRUZ and CLEOME CRUZ v. MICHAEL YOUNG, MINISTER OF STASE FOR

IMMIGRATION AND ETHNIC AFFAIRS

G 463 of 1987

LOCKHART J. 23 SEPTEMBER 1987

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 463 of 1987 ) )

GENERAL DIVISION

BETWEEN : CLARO CRUZ and CLEOME CRUZ Applicants AND: MICHAEL YOUNG, MINISTER OF

STATE FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: 23 SEPTEMBER 1987 WHERE ORDER MADE: SYDNEY

MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The application be dismissed; 2. There be no order as to costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of

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the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G 463 of 1987 ) GENERAL DIVISION ) BETWEEN: CLARO CRUZ and CLEOME CRUZ Applicants AND: MICHAEL YOUNG, MINISTER OF

STATE FOR IMMIGRATION AND

ETHNIC AFFAIRS

Respondent

23 September 1987

REASONS FOR JUDGMENT

LOCKHART J.

The applicants seek a stay of execution of a deportation order made by Mr. Michael Young, Minister of State for Immigration and

Ethnic Affairs, under the Administrative Decisions (Judicial Review)

Act 1977 ("the Judicial Review Act"). The applicants, Claro and

Cleome Cruz, are husband and wife and they are residents and citizens of the Phillipines. They have four children, the ages of whom are not clear from the evidence but I gather from what has been said that they are young, though two sons are of an age where they are capable, it