Ng v Minister for Immigration and Ethnic Affairs [1987] FCA 830

Judgment No. [1987] FCA 830

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G. 155 of 1987

GENERAL DIVISION

) ) ) ) ) ) )

EX TEMPORE JUDGMENT

Between: LAM LEONG NG (Applicant) And: MINISTER FOR

IMMIGRATION AND ETHNIC AFFAIRS

(Respondent)

Coram: Ryan J. Date: 23 April 1987

Place: Sydney

- REASONS FOR JUDGMENT

In this application Fox J. on 15 April 1987 made an order staying the execution of a deportation order in respect of the applicant made on 10 April 1987. His Honour also ordered that a statement of reasons for the decision in

accordance with s.13 of the Administrative Decisions

(Judicial Review) Act 1977 C'th ("the Act") be provided by

the respondent no later than 21 April 1987 and that the

applicant file and serve interrogatories as soon as possible.

-

Before me, Mr. Barlow, the solicitor for the applicant,

has sought an extension of the stay granted by his Honour and

an order that the several departmental officers for whose

examination interrogatores filed on behalf of the applicant have been administered make file and serve answers to those interrogatories. The making of each of those orders is

opposed by Mr. Hilton of counsel for the respondent.

The respondent''s reasons for the decision to make a deportation order in respect of the applicant have been supplied as directed by Fox J. and have been tendered in

evidence today. The other evidence relied on by the applicant is contained in an affidavit sworn by his solicitor

on 22 April 1987, which omitting formal parts is in the

following terms:

"1. I am the Solicitor of the Applicant Lam Leong Ng and his fiancee Cheng Swee Lee.

2. Ms. Lee is a permanent resident of Australia and is eligible, and has applied for citizenship of this country.

3. Ms. Lee supported the application for resident status filed by the Applicant and was interviewed by the Respondent 's officer on the 27th February, 1987.