Federal Court of Australia
JUDGMENT NO. sissssscsssssesssel sssseseesee
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G308 of 1987
GENERAL DIVISION
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BETWEEN: CHU KIN SHING Applicant AND: THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent
REASONS FOR JUDGMENT
LOCKHART J.
This is an application for interlocutory injunctive relief. The evidence which I accept for presently relevant purposes, is that the applicant entered Australia on 25 December 1986 as the holder of a Visitor's Visa and was granted a temporary permit for a stay of three months subject to certain conditions. Upon the expiration of that permit no further permit was sought such that the applicant was when arrested and is now a prohibited non-citizen pursuant to sub-s. 7(3)
of the Migration Act 1958.
The applicant was located at Nowra and was arrested by officers of the Department of Immigration and Ethnic Afairs on 24 June this year. He had, therefore, overstayed his legal right to be here
by a period of some three months or thereabouts.
2.
The evidence that I have at the moment in support of the application for an interlocutory injuction pending a final hearing to prevent the deportation of the applicant, consists of the affidavit of the applicant's solicitor, Mr. N.L.A. Barlow, who has appeared for the applicant in these proceedings and two affidavits have been sworn by officers of the Department, a Mr. Duncan and a Mr. Muirhead. I need not refer to those affidavits in detail although I am told the officers are available, if necessary, for cross-examination today, as
is Mr. Barlow.
I took the view earlier today that it was not appropriate to allow cross-examination at this stage of the case as I would be asked to rule on matters of credit and reliability. It is well established that in interlocutory hearings courts should refrain from making such findings especially as they may be dispositive in substance of the case as a whole at a final hearing. This case is arguably in that
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