Lam, L.G. v Victorian State Director of Immigration, Local Government and Ethnic Affairs & Anor [1988] FCA 299

JUDO' TT Ma. 22°. 7 BS,

CATCRWORDS ADMINISTRATIVE LAW - Immigration - Judicial Review - application for stay of deportation order - principles

applicable - whether principles enunciated by Full Court in Minister v Maitan (24/2/88) are inconsistent with Full Court reasons in Minister v Tagle (1983) 48 ALR 566 at 571 - weight to be accorded to departmental submission in considering application for stay before s. 13 reasons furnished - whether purported findings of fact recommended in departmental submission could be adopted by delegate as "findings on material questions of fact" - whether stay should be granted until after s. 13 reasons furnished - whether applicant

should be released from custody for purpose of marriage.

Administrative Decisions (Judicial Review) Act 1977 s. 5

Migration Act 1958 ss. 6, 6A, 7, 18, 39

Faingold v Zammit (1984) 1 FCR 87

M.I.E.A. v Maitan (unreported - delivered 24/2/88) M.I.E.A. v Tagle (1983) 48 ALR 566

Palko v M.I.E.A. (unreported - delivered 6/3/87)

Unlugenc v M.I.E.A. (1982) 43 ALR 569

DERAL COURT OF Fe AUSTRALIA

PAINCIPAL REGISTAY

LIM GBOK LAM v VICTORIAN STATE DIRECTOR OF DEPARTMENT OF

IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS and MINISTER

FOR LOCAL GOVERNMENT, IMMIGRATION AND ETHNIC AFFAIRS

No. VG 208 of 1988

KEELY J. 16 JUNE, 1988 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA) )

) ) )

VICTORIA DISTRICT REGISTRY No. VG 208 of 1988

GENERAL DIVISION

BETWEEN:

LIM GEOK LAM Applicant AND:

VICTORIAN STATE DIRECTOR OF DEPARTMENT

OF IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC:

AFFAIRS and MINISTER FOR LOCAL GOVERNMENT, IMMIGRATION AND ETHNIC

AFFAIRS Respondents 16 JUNE, 1988 KEELY J.

MINUTES OF ORDER

JUDGE MAKING ORDER KEELY J.

MELBOURNE

WHERE MADE 16 JUNE, 1988

DATE OF ORDER

THE COURT ORDERS THAT

1. The application for interlocutory relief be dismissed.

2. The applicant pay the respondents costs of this