Haoucher, M.M. v. The Minister of State for Immigration & Ethnic Affairs [1988] FCA 105

JUDGMENT No. IOS, Bey

TRC IIR CATCHWORDS

Administrative Law - Application to review decision of the

Minister to affirm deportation order subsequent to recommendation of the Administrative Appeals Tribunal that the deportation order be revoked -— interaction of the Migration Act and the stated Government criminal deportation policy — ultimate decision in the hands of the Minister - no breach of natural justice or procedural fairness - no irrelevant considerations taken into account —- no failure to take into account considerations which the Minister was bound to consider —- decision not patently

unreasonable — no error of law.

Administrative Decisions (Judicial Review) Act 1977

Migration Act 1958

WAG 76 of 1987

MAJED MAHMOUD HAOUCHER v. THE MINISTER OF STATE FOR IMMIGRATION

AND ETHNIC AFFAIRS

FORSTER, J. ADELAIDE

9 FEBRUARY 1988

--

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA

DISTRICT REGISTRY

GENERAL DIVISION

) ) ) ) ) ) )

No. WAG 76 of 1987

BETWEEN:

MAJED MAHMOUD HAOUCHER

Applicant

- and -

THE MINISTER OF STATE FOR

IMMIGRATION AND ETHNIC AFFAIRS

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER

WHERE MADE

DATE OF ORDER

THE COURT ORDERS THAT:

:

FORSTER J. ADELAIDE

9 FEBRUARY 1988

1. The application be dismissed with costs.

Note: Settlement and entry of

orders is dealt with in Order

36 of the Federal Court Rules.

ona cae

ee

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA

DISTRICT REGISTRY No. WAG 76 of 1987

) ) ) ) ) ) )

GENERAL DIVISION

BETWEEN:

MAJED MAHMOUD HAOUCHER

Applicant - and -

THE MINISTER OF STATE FOR IMMIGRATION AND BTHNIC AFFAIRS

Respondent

REASONS FOR JUDGMENT

CORAM: Forster J.:

This is an application made pursuant to the Administrative Decisions (Judicial Review) Act 1977 to review the decision of the respondent made on 12 May 1987 by which he affirmed an order for the deportation of the applicant made by the respondent's delegate one Harris on 19 August 1986. The applicant applied in the first instance to the Administrative Appeals Tribunal ("the Tribunal") for a review of the original decision to deport of 19 August 1986. On 29 January 1987 the tribunal remitted the matter to the respondent with a recommendation that the deportation order be revoked. The respondent Minister did not accept that recommendation and by his decision of 12 May 1987 affirmed the original decision to deport which had been made in the first instance on his behalf by his delegate Harris. The deportation order was made under s.12 of