Singh, M.C. & Anor v. The Minister for Immigration & Ethnic Affairs [1988] FCA 56

pmacrnT No.7 Slo SB.

LIMITED CIRCULATION

CATCHWORDS

ADMINISTRATIVE LAW - Application for review of decision refusing to

grant resident status ~ Application for review of deportation order.

IMMIGRATION - Application for order staying operation of deportation

order pending hearing of application for judicial review.

Administrative Decisions (Judicial Review) Act 1977

MUKESH CHAND SINGH and SNEH LATA SINGH Vv. THE MINISTER FOR

IMMIGRATION AND ETHNIC AFFAIRS

G 25 of 1988

LOCKHART J.

8 JANUARY 1988

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G25 of 1988 ) )

GENERAL DIVISION

BETWEEN : MUKESH CHAND SINGH and SNEH LATA SINGH Applicants AND: THE MINISTER FOR IMMIGRATION

AND ETHNIC AFFAIRS

Respondent

8 January 1988

REASONS FOR JUDGMENT

LOCKHART J.

This 1s an_ urgent hearing of an application by the applicants, who are Fijian citizens, for an order staying the operation of a deportation order made against them by the Minister for

Immigration and Ethnic Affairs or his delegate on 4 January 1988.

The matter was brought on urgently today, following the filing of an application for orders of review and the supporting affidavit of Mr. J.0.C. Fellows, the solicitor for the applicants.

The application seeks, first, a review of a decision of the Minister made on 11 December 1987 refusing to grant resident status to the

applicants and, second, a review of the order of deportation to which

ft have referred.

bl

The grounds of the application, as specified in the application do not set out the facts but simply echo the relevant

provisions of the Administrative Decisions (Judicial Review) Act 1977

("the A.D.J.R. Act"). These grounds assert, amongst other things, that a breach of the rules of natural justice occurred 1n connection

with the making of the decisions.

The affidavit of Mr. Fellows in support of the application is