Dezfouli, G. v Minister for Immigration & Ethnic Affairs

Gholamreza Dezfouli, an Iranian seaman who jumped ship in Australia, applied for refugee status. The Minister for Immigration & Ethnic Affairs decided not to grant him refugee status, which led to a decision to deport him. Dezfouli sought judicial review of the Minister's decision under the Administrative Decisions (Judicial Review) Act 1977, arguing that he was denied natural justice during the process. The court needed to decide if there was a serious question to be tried regarding the denial of natural justice and whether the balance of convenience favoured granting the stay.

The court found that Dezfouli was promised an opportunity to make representations with the assistance of a solicitor, but due to time constraints and logistical difficulties, he did not have an adequate chance to do so. The Department's urgency to make a decision was influenced by the impending departure of the ship from Victoria. The court concluded that there was a serious question to be tried regarding the denial of natural justice, and the balance of convenience favoured granting the stay. Therefore, the court suspended the deportation decision and ordered Dezfouli's release from detention under certain conditions. The court also awarded Dezfouli his costs in the principal proceedings.