Federal Court of Australia
FEDERAL COURT OF AUSTRALIA MIGRATION LAW – detention pending application to Administrative Appeals Tribunal for review of deportation order – whether improper exercise of power provided under s 253 of the Migration Act 1958 (Cth) ADMINISTRATIVE LAW – whether decision maker breached rules of natural justice – whether decision maker exercised discretionary power in accordance with a policy without regards to the merits of the case and in so doing failed to take into account or accorded no weight to relevant considerations – whether there was evidence to justify preliminary conclusions on which decision maker based his decision Migration Act 1958 (Cth), s 253 Administrative Decisions (Judicial Review) Act 1997 (Cth), ss 5(1), 5(2), 5(3) Minister for Immigration and Ethnic Affairs v Teoh (1995)183 CLR 273, cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, cited Faleata Tuiletufuga v Minister for Immigration and Multicultural Affairs (unreported, Federal Court, Lehane J, 2 October 1998), cited Halmi v Minister for Immigration 1998 79 FCR 261, cited LOKENI HUI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1161 of 1998 O'CONNOR J
SYDNEY
8 DECEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1161 of 1998
BETWEEN: LOKENI HUI
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: O'CONNOR J
DATE OF ORDER: 8 december 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application be dismissed with costs. NOTE: SETTLEMENT AND ENTRY OF ORDERS IS DEALT WITH IN ORDER 36 OF THE FEDERAL COURT RULES.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1161 of 1998
BETWEEN: LOKENI HUI
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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