Cacha, E.R. v Minister for Immigration [1988] FCA 488

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IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ») No. G 1076 of 1988 ) )

GENERAL DIVISION

BETWEEN: ERICKSON RABANES CACHA Applicant AND: MINISTER FOR IMMIGRATION

Respondent

CORAM: Neaves J.

DATE: ll duly 1988

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EX TEMPORE_ JUDGMENT

I have carefully considered the evidence that was adduced before me this morning and the submissions put to me on behalf of the applicant and the Minister. The application is for an order staying the operation of a deportation order made

against the applicant on 27 June 1988 pending the hearing and

determination of an application under the Administrative Decisions Judicial Review Act for an order of review in respect

of decisions made on that date refusing him a temporary entry

permit, refusing him permanent resident status and ordering his

deportation.

The principles upon which such a stay may be granted

are well known. I am not satisfied that a sufficient case has

been made for the grant of the order sought. It is sufficient at this stage to say that JI am not satisfied that there has been shown to be a sufficiently arguable question to be tried that a breach of the rules of natural justice occurred in connection with the making of the decisions the subject of the application dated 5 July 1988. I will reduce to writing my reasons for reaching this conclusion and will publish those reasons as soon as possible. However, I am clearly of the opinion that the application for a stay of the deportation order should be dismissed and I do so. The applicant must pay

the Minister''s costs in the application.

I certify that this and the preceding 1 page are a true copy of the Ex tempore judgment heremn of the Honourable Justice Neaves

fib prthe—-

Associate

Dated: 11 July 1988

Mr N.L.A. Barlow of Barlow & Co.