Hon Robert Francis Ray, Minister for Immigration, Local Government and Ethnic Affairs v The Attorney-General for New South Wales

Case

[1990] HCATrans 30


Details
AGLC Case Decision Date
Hon Robert Francis Ray, Minister for Immigration, Local Government and Ethnic Affairs v The Attorney-General for New South Wales [1990] HCATrans 30 [1990] HCATrans 30

CaseChat Overview and Summary

The Honourable Robert Francis Ray, Minister for Immigration, Local Government and Ethnic Affairs, was the appellant in this matter before the High Court of Australia, with the Attorney-General for New South Wales as the respondent. The case concerned an appeal removed into the High Court.

The central issue before the court was the utility of proceeding with the appeal, given that the deportee in question had served his sentence and given evidence in a murder trial. The Solicitor-General for the Commonwealth informed the court that events had overtaken the case, rendering the appeal moot.

The court was informed that the deportee's sentence had expired in December of the preceding year, and he had subsequently given evidence in a murder trial. Consequently, both parties agreed that there was no longer any practical utility in pursuing the appeal. The appellant sought leave to withdraw the appeal, with no order as to costs. The Chief Justice indicated that the court was prepared to allow the withdrawal.

The court acceded to the request, permitting the appellant to withdraw the appeal with no order as to costs. The matter was subsequently adjourned sine die.
Details

Areas of Law

  • Administrative Law

  • Immigration

  • Constitutional Law

Legal Concepts

  • Appeal

  • Costs

  • Standing

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