Federal Court of Australia
NOT FoR DISTRIBUTION
JUDGMENT No, 371 7.88
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY ) No. G 1067 of 1988 ) )
GENERAL DIVISION
BETWEEN: ERIC RABANES CACHA
Applicant
AND: THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS
CORAM: Neaves J.
DATE: 15 July 1988
REASONS FOR JUDGMENT
On il July 1988 I dismissed, with costs, an application by Eric Rabanes Cacha ("the applicant") for an order staying the operation of a deportation order made against him on 27 June 1988 pending the hearing and determination of an
application under the Administrative Decisions (Judicial
Review) Act 1977 (Cth) ("the Judicial Review Act"). That application was for an order of review in respect of decisions made on that date under the Migration Act 1958 (Cth) ("the Migration Act") refusing the applicant a temporary entry permit, refusing him permanent resident status and ordering his deportation. I then stated that I would publish reasons in
writing for the order so made. What follows are those reasons.
The ground on which the applicant proposed to rely in support of the substantive application is that set out in s.5(1)(a) of the Judicial Review Act, namely that a breach of the rules of natural justice occurred in connection with the making of the decisions. Two particular matters were foreshadowed. It was said that at the substantive hearing it would be submitted that the decision-maker based his decisions to refuse permanent resident status and to order deportation upon an inference adverse to the applicant concerning the latter's method of entry into Australia, being an inference that he entered Australia upon production of a passport that was obtained in the Philippines by false representation, without having given to the applicant an adequate opportunity to be heard on that question. It was further said that a denial of natural justice occurred by reason of the failure of the decision-maker to furnish to the applicant, as requested, a
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