Floserfida Perez (also known as Floserfida Revell) v Minister for Immigration, Local Government & Ethnic Affairs

[1991] FCA 871

JN THE FEDERAL COURT OF AUSTRALIA	1	I
QUEENSLAND DISTRICT REGISTRY	)	No. QG 69 of 1991
GENERAL DIVIS_ILEJ	)

BETWEEN: WSERFIDA PEREZ (ALSO KNOWN AS FLOSERFIDA

REVE4W

Applicant

AND: MINISTER FOR IMMIGRATION. LOCAL GOVERNMENT AND

ETHNIC AFFAIRS

- - -. -- - .-

Respondent

- MINUTES OF ORDER

JUDGE W I N G ORDER:	PINCUS J.
DATE OF ORDER:	34 MAY 1991
WHERE MADE:	BRISBANE
THE COURT ORDERS THAT:

1. The Minister for Immigration, Local Government and
Ethnic Affairs take no further steps towards making
a deportation order agaunst the applicant,
Floserfida Perez, until 4.15 p.m. on Thursday 30 May
1991.

2.    The application for interlocutory relief be adjourned until 9.15 a.m. on Thursday 30 May 1991.

THE COURT DIRECTS TLHT:

m:	Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.

3.    Any written submissions attempting comprehensibly to explain the parties' arguments be flled, so far as the applicant ts concerned, by 4.00 p.m. on Tuesday 20 May 1991, and so far as the respondent is

conc~rned, by 4.00 p.m. on Wednesday 29 May 1991.

IN THE FEDERAL COURT OF AUSTRALIA	)	I No. QG 69 of 1991
QUEENSLAND DISTRICT REGISTRY	1
GENERAL DIVISION	)

BETWEEN: FLOSERFIDA PEREZ (ALSO KNOWN AS

FLOSERFIDA REVELL1

Applicant

AND: MINISTER FOR IMMIGRATION. LOCAL

GOVERNMENT AND ETHNIC AFFAIRS

Respondent

m: PINCUS J.

M:	BRISBANE
:	24 MAY 1991

EX TEMPORE REASONS FOR JUDGMENT

This matter came on before me a week ago when I set

it over until today to enable the applicant to apply for
interlocutory relief and the respondent to prepare his
resistance to that application. The matter has some
importance, because if interlocutory relief is not granted,
the applicant will, as I understand it, be deported forthwith:

whereas if it is granted, the applicant will at least stay in

the country for some time while the parties await the

availability of a Judge.

The argument was brief and, if I may say so, scrappy

in the circumstances. Reference was made to the regulations
which appear to have been last consolidated in April 1990,
since when there have been some 21 amendments. Reference was
also made to s.37 of the Miaration Act 1958. Neither
provision was read out, nor its relevance explained in any
detail.

I do not understand at all what the argument is nor

am I satisfied that I have an adequate comprehension of these

complicated provisions. I have therefore decided to put the

matter over for another week. I invite the parties to try to make an adequate submission in the meantime, and suggest they do so in writing.

Therefore, the orders will be that the Minister for

Immigration, Local Government and Ethnic Affairs take no further steps towards making a deportation order against the applicant, Floserfida Perez, until 4 . 1 5 pm, on Thursday, 30

May 1 9 9 1 . I will adjourn the application for interlocutory

relief until 9 . 1 5 am on that day.

I direct that if any written submissions attempting

comprehensibly to explain the parties' arguments are to be
filed that, so far as the applicant is concerned, the written
submissions be filed by Tuesday, May 28 at 4 . 0 0 pm, and so far

as the respondent is concerned, they be filed by Wednesday May

2 9 at 4 . 0 0 pm.

in which this case was conducted. I thought it reflected I must say I am very disappointed at the way

credit on neither side.

I certify that this and the
preceding page are a true
copy of the reasons for

judgment herein of his

Honour Mr. Justice Pincus.

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Associate

Date Z,+ t - l ~ c y I%\