Federal Court of Australia
JUDGMENT No. el 7B.
CATCHWORDS
ADMINISTRATIVE LAW - Immigration - Deportation of prohibited non-citizen - Previous unsuccessful extradition proceedings against proposed deportee - Deportation proposed to be made to country seeking extradition - Finding that arrangements made amounted to "disguised extradition" of deportee -— Orders
appropriate to be made by Court.
Migration Act 1958 ss.16, 18, 22.
NSW G.784 of 1987 JENS INGO LUTZ SCHLIESKE v THE HONOURABLE MICHAEL JEROME YOUNG, MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS &
ORS
Fox, Wilcox and French JJ Sydney 4 March 1988
30 wh a.
296 wYW L = GAAISDSY fe] ~ Vv
ee ee
ncn ee renee
ae
IN THE FEDERAL COURT OF AUSTRALIA
)
NEW SOUTH WALES DISTRICT REGISTRY ) NSW G.784 of 1987 ) )
GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: JENS INGO LUTZ SCHLIESKE Appellant AND: THE HONOURABLE MICHAEL
JEROME YOUNG, MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS
First Respondent
THE HONOURABLE LIONEL FROST BOWEN, ATTORNEY~GENERAL OF AUSTRALIA
Second Respondent
COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE
Third Respondent
DIRECTOR OF PUBLIC PROSECUTIONS
Fourth Respondent
COMMONWEALTH OF AUSTRALIA
Fifth Respondent
CORAM: FOX, WILCOX and FRENCH JJ PLACE: SYDNEY DATE: 4 MARCH 1988
MINUTES OF ORDER
THE COURT ORDERS THAT:
Note:
The title of the proceedings be amended so as to delete the words "The Honourable Michael Jerome
Young".
Order 1 made by Beaumont J on 23 December 1987 be set
aside.
The respondents and each of them, their servants and agents, be restrained from delivering the appellant into the custody of any officer or agent of the
Government of the Federal Republic of Germany.
In the event of the deportation of the appellant from Australia to the Federal Republic of Germany, the respondents and each of them, their servants and agents, be restrained from taking any steps, in the exercise of their statutory powers, for any purpose other than the removal of the appellant from
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