JUDGMENT No. ..~.Z..&..I .fZ!.& J
IN TFIE FEDERAL COURT OF AUSTRALIA )
1
VICTORIA DISTRICT REGISTRY 1 VG No 450 of 1992 1 GENERAL DIVISION 1
BETWEEN: KEVIN MARTIN CROWE
(Applicant)
AND: MINISTER FOR - IMMIGRATION. LOCAL GOVERNMENT AND ETHNIC
AFFAIRS
(Respondent)
Coram: Ryan J Date: 16 December 1992
Place: Melbourne
EX TEMF'ORE REASONS FOR JUDGMENT
Rvan J: In this matter Keely J has on 26 November 1992 refused a motion for an order staying all proceedings to remove the applicant from Australia pending the hearing and determination of the application. His Honour gave detailed reasons for that refusal, and on 2 December 1992 refused a further oral application for a stay. There is no material presently before the Court demonstrating changed circumstances which would warrant my taking a different view and granting a stay of the kind which has been sought on two occasions from Keely J. Nor am I persuaded that I should grant a stay pending the hearing and determination of an application for leave to appeal from the interlocutory orders of Keely J.
Accordingly, the only order that I make, and this at the
suggestion of the applicant, is that the directions hearing
herein be adjourned to 17 February 1993.
, . . ,
I certify that thik,, a&; 'the
preceding page !a=e a .trge ',,copy
of the r,eakons for jutlgment
herein of hi's Honour. ,F Justice., . .
Ryan . ' 1 m-#._, .
I' - .I . ,
" , " I I-.. . Associate:
Date : 16 ~e>ehber 1992
The applicant appeared in person.
Solicitor for the respondent: Mr U Torresi of the Australian Government
Solicitor.
- AGLC
- Crowe, K.M. v Minister for Immigration, Local Government and Ethnic Affairs [1992] FCA 972
- Case
- [1992] FCA 972
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide were whether to grant a stay of proceedings to remove Crowe from Australia pending the hearing and determination of his application, and whether to grant a stay pending the hearing and determination of an application for leave to appeal from the interlocutory orders of Keely J. Ryan J found that there were no changed circumstances to warrant a different view and that the stay should not be granted.
Ryan J dismissed the application for a stay of proceedings and adjourned the directions hearing to 17 February 1993. The court found no merit in the arguments presented by Crowe and did not grant the stay. The final order made by the court was to adjourn the directions hearing to the specified date.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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