Ho v Minister of State for Immigration and Ethnic Affairs [1988] FCA 404

af

CATCHWORDS

ADMINISTRATIVE LAW - immigration - judicial review - appellants entered Australia without entry permits — deportation orders - detention at Villawood Detention Centre - whether deportation orders valid - whether damages available in proceedings for judicial review - whether detention pursuant to deportation orders authorized - natural justice - whether denied

Administrative Decisions (Judicial Review) Act 1977, ss. 5, 1

Migration Act 1958, ss. 20, 21A, 30, 39

Federal Court of Australia Act 1976, ss. 22, 23

PARK OH HO; KO JUNG WOONG; LEE JUNG IN; CHUNG BONG YOL; SONG BANG JIN, LEE JAE EUN, HAM BUM HOON

v. THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA

Nos. G562 of 1986 G293 of 1987

G294 of 1987

- G295 of 1987 G296 of 1987

G297 of 1987

G298 of 1987

CORAM: Sweeney, Morling and Foster, JJ. 4 August 1988

Sydney

"IT NO. FQA: | BB nm

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN: PARK OH HO

Appellant No. G 562 of 1986

AND: THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA

Respondent BETWEEN: KO JUNG WOONG Appellant No. G 293 of 1987 AND: THE MINISTER OF STATE FOR

IMMIGRATION AND ETHNIC AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA

Respondent BETWEEN: LEE JUNG IN Appellant No. G 294 of 1987 AND: THE MINISTER OF STATE FOR . IMMIGRATION AND ETHNIC AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA Respondent BETWEEN: CHUNG BONG YOL Appellant No. G 295 of 1987 AND: THE MINISTER OF STATE FOR

IMMIGRATION AND ETHNIC AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA

Respondent

to

BETWEEN: SONG BANG JIN

Appellant No. G 296 of 1987

AND: THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA

Respondent BETWEEN: LEE JAE EUN Appellant No. G 297 of 1987 AND: THE MINISTER OF STATE FOR