Poursandidis v Minister for Immigration & Ethnic Affairs [1987] FCA 823

JUDGMENT No. .2S.ceeronl LEZ,

IN THE FEDERAL COURT OF AUSTRALIA )

GENERAL DIVISION i No. G 377 of 1987

NEW SOUTH WALES DISTRICT REGISTRY )

Between: GEORGE POURSANIDIS

' And: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

CORAM: Einfeld J.

22 September 1987

PLACE: Sydney

EX TEMPORE JUDGMENT

This is an application for judicial review of a deportation order signed on 30 July 1987 by a delegate of the Minister for Immigration and Ethnic Affairs, the execution of which would mean that the applicant would be deported to Greece. The applicant has been in Australia since 1976, when he deserted a ship in Australian waters and entered Australia

unlawfully. He is a citizen of Greece and is aged about 30 years.

In March 1977 a deportation order was said to have been signed against the applicant by the then Minister but the applicant claims to know nothing about that deportation order, and it may not have been served. It certainly was not executed. In November 1980, the applicant lodged an application for permanent resident status, claiming at the time that he was married to an Australian citizen. Although this claim was apparently true, and he had a female child by that woman, he does not

appear to have been granted permanent resident status. That marriage

has since been dissolved, and the applicant has offered no evidence of any involvement with either the 'mother of his child or the child

herself.

In July 1984, the applicant was convicted at Waverley Court of Petty Sessions of possession of heroin and was sentenced to 18 months imprisonment with hard labour, with a non-parole period of nine months. He appears to have been released after serving seven months. Between the time' of his arrival in Australia and the time of his conviction, he

engaged in different types of employment and whilst not working received unemployment benefits. After release from prison, he worked for a period in a relative's business but subsequently was again on social security until in February 1986 he entered hospital for an operation.