Cheung C.K. v. Young, M. Minister of State for Immigration & Ethnic Affairs [1988] FCA 24

JUDGMENT to. 24 7.332

NOT FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) NSW G.117 of 1988 ) )

GENERAL DIVISION

BETWEEN: CHEUNG CHUN KWANG of Villawood Detention Centre, Villawood, N.S.W.

Applicant

AND: MICHAEL YOUNG MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFATRS of the Commonwealth of Australia

Respondent

'Gig, CORAM: WILCOX J nas PLACE: SYDNEY CEWE DATE: 8 FEBRUARY 1988 "9: ED 193

RT USTRAL [a "pants

MINUTES OF ORDER REGISTRY

THE COURT ORDERS THAT:

1. The application for a stay of the deportation order

be refused.

2. The applicant pay the costs of the said application.

od

a

3. The principal proceeding be stood over to the

directions list on Friday 19 February 1988.

AND THE COURT NOTES:

The undertaking given on behalf of the respondent not to deport the applicant prior to Wednesday 10

February 1988.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

NOT FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) NSW G.117 of 1988 ) )

GENERAL DIVISION

BETWEEN: CHEUNG CHUN KWANG of Villawood Detention Centre, Villawood, N.S.W.

Applicant

AND: MICHAEL YOUNG THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS of the Commonwealth of Australia

Respondent

CORAM: WILCOX J PLACE: SYDNEY DATE: 8 FEBRUARY 1988

REASONS FOR JUDGMENT

The application made to the Court today is for an

interim order, under s.15 of the Administrative 'Decisions

(Judicial Review) Act 1977, staying the deportation from Australia of the applicant, Cheung Chun Kwang, also known as Bruce Cheung. A number of grounds are set out in the Application, which was filed on 5 February last, but only one matter has been argued in support of the proposition that

there is a serious question to be tried and that consequently