Crowe, K.M. v Minister for Immigration, Local Government and Ethnic Affairs

Case [1992] FCA 972


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.
Details
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

In the Federal Court of Australia, the case of Crowe v Minister for Immigration, Local Government and Ethnic Affairs was heard by Ryan J. The applicant, Kevin Martin Crowe, sought a stay of proceedings to remove him from Australia pending the hearing and determination of his application. The Minister for Immigration, Local Government and Ethnic Affairs was the respondent. The case involved an application for a stay of proceedings, which had already been denied twice by Keely J. Crowe sought to appeal the interlocutory orders of Keely J, but Ryan J found no new material to warrant a different view on the matter.

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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