Lal, J. & Anor v. Harris A.C. & Anor [1988] FCA 28

A . TARY,

JUDGMENT No. &O.7.58.

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION )

~

QLD G17 of 1988

BETWEEN: JAGDISHWAR LAL First Applicant

AND: SHAMINA BIBT Second Applicant

AND: ANTHONY CLEMENT HARRIS First Respondent

DEPARTMENT OF IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS

Second Respondent

19 FEB 1988

FEDERAL GOURT, CE AUSTRALIA

PRINCIPAL REGISTRY

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 9 FEBRUARY 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application for interlocutory or interim relief be dismissed.

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

a

energies ee ' 7 .

sete . my

A tree ae pe eee ' :

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G17 of 1988 GENERAL DIVISTON )

BEIWEEN: JAGDISHWAR LAT

First Applicant

AND: SHAMINA BIBI Second Applicant

AND: ANTHONY CLEMENT HARRIS

First Respondent

AND: DEPARTMENT OF IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS

Second Respondent

PINCUS J. 9 FEBRUARY 1988

EX TEMPORE REASONS FOR JUDGMENT

In this matter the applicants seek as principal relief review of a decision that they be deported. In the meantime, they ask for a stay until trial, or alternatively, a stay for a brief

time.

The applicants came to Australia from Fiji with their two children by airplane on 27 August 1987. They arrived in Sydney, holding tickets for travel to India, and obtained a visa

until the following day, to make their flight connection.

rT ITo..

Instead of leaving as was contemplated, they remained in this country. On 24 September, they lodged through a solicitor an "Application for Resident Status in Australia". According to exhibit "A" to the affidavit of Mr B.T. Henry, which is before me, some application was made of (perhaps) a similar kind in June