Srokowski, L.W. v Minister of Immigration, Local Government & Ethnic Affairs [1988] FCA 325

JUDGMENT No. 22.3./83...

CATCHWORODS

ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review) Act 1977 - Application for judicial review of decision not to release the applicant from custody pending deportation -

Applicant arrested and detained in custody pending deportation -

Inability of respondent to deport applicant - Power to arrest and detain - What is meant by "in custody pending deportation" - Power to release from custody - Considerations relevant to decision to release - Conditions which may be imposed upon

release from custody.

Administrative Decisions {Judicial Review) Act 1977 s.13, paras.5(1l)(e), 5(2)(b). sub~para.11(3)(b) (i)

Migration Act 1958 s8s.27, 31, 38, 39, 41, 54, 55, 66D, sub-s58.6(6), 20(2), para.6A(1)(c)

Immigration Act (UK)

LESZEK WLADYSLAW SROKOWSKI v. THE MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS NO. WAG 9 OF 1988

LEE J. PERTH 27 JUNE 1988

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

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No. WAG 9 of 1988

BETWEEN: LESZEK WLADYSLAW SROKOWSKI Applicant

and

THE MINISTER FOR IMMIGRATION,

LOCAL GOVERNMENT AND ETHNIC AFFAIRS

Respondent MINUTE OF ORDER

JUDGE MAKING ORDER : LEE J. DATE OF ORDER : 27 JUNE 1988 WHERE MADE : PERTH

THE COURT ORDERS THAT:

1. The decision of the officer authorized by the respondent made on 8 October 1987 not to release the applicant from

custody be set aside.

2. The applicant's request for release from custody be remitted to the respondent for reconsideration by an

authorized officer according to law.

The respondent pay the applicant's costs of the

application.

Note: Settlement and entry of orders is dealt with