Chen, J.H. v Minister for Immigration Local Government & Ethnic Affairs

[1990] FCA 302

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302. 70, I

JUDGMENT No. .. ....... ..l. ........ ,-_,

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA	)	,	.
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NEW SOUTH WAGES DISTRICT REGISTRY NO. NG 279 of 1990

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GENERAL DIVISION	)	r- ,
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ON APPEAL FROM A SINGLE JUDGE OF	. .
THE FEDERAL COURT OF AUSTRALIA	I

BETWEEN:  JIN HUI CHEN

Appellant	-.
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MINISTER OF IMMIGRATION

LOCAL GOVERNMENT AND ETHNIC	.
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AFFAIRS	I
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Respondent 1':

LOCKHART, WILCOX, HILL JJ	RECEIVED
1 JUNE 1990	-3 JUL1990

RDERAL COURT OF

AUSTRALIA

REASONS FOR JUDGMENT REGISTRY

LOCKHART J:

On 25 May this year an application was filed with this Court seeking the review of the decision of the delegate of the respondent that the applicant be deported from Australia and certain related decisions. The matter was heard by a single judge of this court yesterday when his Honour dismissed the application with costs. A notice of appeal has today been filed in court by the appellant appealing from the whole of the learned primary Judge's judgment.

The court heard the matter this afternoon and has

taken the step of dealing with the matter urgently as did the prlmary Judge because of the imminence of the proposed departure from Australia of the applicant pursuant to the deportation order made by the respondent's delegate which unless set aside or unless the respondent is otherwise restrained will result in the departure of the appellant from Australia tomorrow.

Counsel for the appellant has argued in substance the matter on the same footing as it was argued before the primary Judge, though it would seem with certain differences of emphasis. All that could be said in support of the appeal has in our view been said by counsel for the appellant.

The court is of the opinion that no error has been demonstrated in the reasons for judgment of the primary Judge. Indeed, the court agrees generally With those reasons.

The appeal is dismissed with costs.

I certify that this and the preceding one

(1) page are a true copy of the reasons

for judgment herein of the Honourable Mr

Justice Lockhart.

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Associate - -

Dated: 1 June 1990 3