Tuncak, H. v Dept of Immigration & Ethnic Affairs [1988] FCA 306

LIMITED DISTRIBUTION

JUDGMENT No. 2062-S=—-

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VIC G90 of 1988

— Sew

GENERAL DIVISION

BETWEEN: HACOGLU_ TUNCAK

Applicant

AND: DEPARTMENT OF IMMIGRATION "AND ETHNIC AFFAIRS ==

Respondent

CORAM: Davies, Neaves and Burchett JJ. [~ m™, <" DATE: 16 June 1988 2 PLACE: Melbourne a

REASONS FOR JUDGMENT EX TEMPORE

These are appeals from judgments of single judges of the court in respect of applications which were brought under

the Administrative Decisions (Judicial Review) Act 1977 (Cth).

Mr M. Wilks, the solicitor for the appellant, Hacoglu Tuncak, has applied for the adjournment of the appeals to a date later in these sittings of the Full Court or to the next sittings of the Court which commence on 14 November this year. Enquiries made by the Court indicate that it would be unlikely that a Full Court could be arranged to hear the appeals in

Melbourne prior to the November sittings.

2.

The application has been made on the basis that legal aid has been refused, counsel having advised that there were not reasonable prospects of success. The refusal has been reconsidered but to the same effect and Mr Wilks has now sought a review of the refusal. It does not appear, however, that Mr Wilks has materially different matters to put to the

Legal Aid Commission on the review.

The appellant is not an Australian citizen and has no permit to enter or to remain in Australia. On 25 July 1987 he arrived at Perth airport with a forged passport and without a visa or entry permit. After consideration of his position a decision was made that he not be permitted to enter Australia. A further decision was made under s.36A of the Migration Act 1958 (Cth) that the appellant be taken into custody. He was taken into custody and he has remained in custody since that