Ali, M. v Castrission, P.J.

[1987] FCA 37

3-7

IN THE FEDERAL COURT OF AUSTRALIA ) )

AUSTRALIAN CAPITAL	TmRITORY	)
1 No. ACT G 1 of 1987
DISTRICT REGISTRY	) )

DIVISION GENERAL )

BETWEEN :	M O W	AMINUDDIN
M O W	ALI

Appllcant

AND : PETER JAMES CASTRISSION

First Respondent

MINISTER FOR IMMIGRATION

and ETHNIC AFFAIRS

Second Respondent

CORAM: Neaves J.

m: 7 January 1987

EX TEMPORE REASONS FOR JUDGMENT

This is an applicatlon by Mohamad Adminuddin Mohamad

Ali ("the applicant") for an Interim injunction restraining the

execution of a deportation order pending the hearmg of an

application for an order of review under the Admlnistrative

Decislons (Judlcial Review) Act 1977 (Cth) ("the Judicial Review Act") in respect of a decision taken on or about 5 January 1987 that the appllcant be deported from Australia

pursuant to s.18 of the Mlqratlon Act 1958 (Cth) ("the

Migration Act")	rather than that he should
voluntarlly.

2.

The ground of the application 1 s that set out in

par. 5 (i)(e) of the Judlclal Review Act namely, th .at the making

of the decislon was an improper exerclse of the power conferred

by s.18 of the Mlgration Act In that, in terms of par.5(2)(b)

of the Judicial Review Act, the delegate of the Mlnister falled

to take into account arelevant conslderation. It was

submitted that the delegate had failed to take lnto account

that, If the applicant was deported rather than allowed to

depart voluntarily, there would be likely to be imposed an

embargo on his re-entry to Australla for	a period of	five
years.

It 1 s not for the Court to make a decision whether,

given the applicant's circumstances, it would have been

prepared to afford him an opportunity to leave Australia

voluntarily as he now says that he is prepared to do. That was

a matter for the delegate of the Minister and I am not

satlsfied, on the material that has been placed before me, that

there is a serious question to be tried that the decision to

deport was not properly made. In those circumstances, the

application is dismissed.

I certify that this and

the preceding page are a

true copy of the Reasons

for Judgment herein of the

Honourable Mr Justice

Neaves .

Associate

Dated: 7 January 1987