Kiejna, R. v Minister for Immigration & Ethnic Affairs

[1986] FCA 341

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i	IN THE FEDERAL COURT OF AUSTRALIA	) )
VICTORIA DISTRICT REGISTRY	) NO. VG 301 of 1986
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GENERAt DIVISION	)

BETWEEN:	RYSZARD KIEJNA	Applicant	!
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AND: THE MINISTER FOR IMMIGRATION

AND ETHNIC AFFAIRS Respondent

THE COURT: Sweeney J.

: 8 August, 1986

PLACE : Melbourne

In this matter, an application has been filed by the

applicant to review the decision of 23 July 1986 that a

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! deportation order of 10 July 1986 in respect of the applicant be

affirmed. The applicant is aggrieved, the application says,

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because his deportation will cause him and his mother great

hardship. The grounds of the application to review are that the

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decision was an improper exercise of the power under which it

purported to be made in that it failed to take a relevant

consideration into account, namely the humanitarian and

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I compassionate reasons why the applicant's deportation would cause

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i	great hardship to his mother.
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I The applicant claims by way of interlocutory order that until

further order; 1, the deportation order be stayed; 2, the

applicant be released and by way of principal relief that there be

an order that the deportation order be quashed or set aside. As I

have said in the course of argument, this court is not invested

with some general power which enables it to look at the merits of

individual cases as if it were itself either the Minister or the

Minister's delegate. The power of the court is limited to the

powers which have been conferred upon it by way of judicial

review. The applicant has sought to bring himself within the

breach of those powers by alleging a failure to take into account

the relevant consideration, the humanitarian and compassionate

reasons why the applicant's deportation would cause great hardship

to his mother.

In my opinion, no sufficient case has been made out for the

grant of the interlocutory relief that is sought, or any of it.

It appears from the material which Mr Little has placed before the court that he has, on behalf of the applicant, forwarded to the

departmental authorities a statement of the humanitarian and

compassionate reasons why the applicant's deportation would cause

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great hardship to his mother and that those matters have been

taken into consideration and weighed against other circumstances

and rejected as a reason for the change of status that has been

sought. Those considerations, I think, appear clearly from a

reading of the whole of the document which Mr little	has	put
before me.

Under those circumstances I refuse the grant of any