Federal Court of Australia
JUDGMENT No. UD 7 BS
CATCHWORDS
Constitutional Law - constitutional validity of s.12 of the
Migration Act - powers with respect to aliens and immigration - deportation of "non~citizens" - meaning of "alien" ~ relevance of
Australian Citizenship Act.
Administrative Law - recommendation of the Administrative Appeals
Tribunal not followed - ultimate decision for the Minister's discretion — no breach of natural justice or procedural fairness
- no irrelevant considerations taken into account - no relevant
considerations omitted - no basis for review.
Administrative Decisions (Judicial Review) Act 1977 Migration Act 1958
adieiar Act 1903
Australian Citizenship Act 1948
Australian Constitution Act 1901
Acts Interpretation Act 1901
No. WAG 102 of 1987
DAVID JOHN WIGGAN v. THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
FORSTER, J. ADELAIDE
24 MARCH 1988
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. WAG 102 of 1987
ee ee
GENERAL DIVISION
BETWEEN:
DAVID JOHN WIGGAN
Applicant - and -
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER FORSTER J.
WHERE MADE
ADELAIDE
DATE OF ORDER 24 MARCH 1988
THE COURT ORDERS THAT:
1. The application be dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
—- eye ee ee —-- = rae
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY No. WAG 102 of 1987
ee et ee ee ee
GENERAL DIVISION
BETWEEN:
DAVID JOHN WIGGAN Applicant
- and -
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
REASONS FOR JUDGMENT
CORAM: FORSTER J. :
This is an application under the Administrative
Decisions (Judicial Review) Act 1977 to review two decisions.
The first was a decision made by the respondent by his delegate on 26 August 1985 to deport the applicant and the second was a decision made by the respondent on 22 June 1987 not to revoke the decision to deport after the Administrative Appeals Tribunal constituted by a Deputy President had by a decision dated 20 February 1987 remitted the matter to the respondent with a
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