Mendoza, R. v Minister for Immigration, Local Government & Ethnic Affairs

JUDGMENT NO. 3,551 91

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) NO. G313 of 1991
)

GENERAL DIVISION

BETWEEN: RODOLFO MENDOZA
Applicant

RECEIVED

AND :

MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT L ETHNIC AFFAIRS
FEDERAL COURT OF
AUSTRALIA

\ I PRINCIPAL

AND: JOHN DAVIDSON

Respondents
REASONS FOR JUDGMENT

LOCKHART J.

In thls matter which has arisen only urgently this

afternoon, arising under the Migration Act 1958, the
applicant, who is a Filipino national, seeks to restrain the
respondents from deporting him from Australia until the Court
can look at the matter more fully next week.

it may not. But that may be determined at a later time.
The counsel for the applicant has given me a brief

analysis of the argument that will be put in support of one of
the three grounds mentioned in the application. Of course I
have no flnal view on the argument, or indeed anything more
than the impression that the point is one that is not free
from some degree of reasonable argument. It may be correct,
The Court abridges time for the giving of directions and

for the service of the notice of motion and the application in
this matter, to 3.30 pm today and notes that the requisite
documents have already been served upon the respondents or
their solicitor, the Australian Government Solicitor. The
motion is adjourned untll next Tuesday 25 June 1991, at 12
noon, or so soon thereafter as the course of the business of
the Court shall permit.
The application is adjourned to the same time for the

purpose of any directions in the matter.
The Court orders that the respondents be restrained up to

and including the 25 June next from deporting or causing the
applicant to be deported from Australia.
I direct the applicant to flle and serve on or before

2.00 pm next Monday, 24 June next, a document giving full

particulars of the grounds relied upon in the application in
support of the application, the grounds being those mentioned
in paragraphs 1,2 and 3 of the application.
I certify that thls and the
preceding one (1) page are a
true copy of the reasons for
judgment herein of the
Honourable Mr. Justice Lockhart.
Associate
Dated: 21 June 1991

Counsel for the Applicant N. Williams
Solicitors for the Applicant : Elsworthy Jones
Counsel for the Respondent L. Glasson
Solicitors for the Respondent : Australian Government
Solicitor
Date of Hearing 21 June 1991
Date of Judgment 21 June 1991

CaseChat Overview and Summary

The matter before the Federal Court of Australia involves Rodolfo Mendoza, a Filipino national, who has applied for an order to prevent his deportation from Australia until a more thorough examination of the matter can be conducted. The respondents to the application are the Minister for Immigration, Local Government and Ethnic Affairs and John Davidson. The dispute arises under the Migration Act 1958, and the case was heard in the New South Wales District Registry of the Federal Court. The court was required to decide whether to grant the applicant an interim order to restrain the respondents from deporting him, pending a more detailed hearing.

In considering the application, Justice Lockhart noted that the matter was urgent and had only arisen that afternoon. While the applicant's counsel provided a brief analysis of the argument to be presented in support of one of the grounds mentioned in the application, Justice Lockhart did not form a final view on the matter, noting that it was not free from some degree of reasonable argument. The court adjourned the matter to allow for the service of necessary documents and directed that the applicant provide full particulars of the grounds relied upon in the application by a specified date. The court ultimately ordered that the respondents be restrained from deporting the applicant until the next hearing, scheduled for 25 June 1991.

The court's decision was based on the urgency of the matter and the need for a more thorough examination of the applicant's grounds for relief. The interim order provided the applicant with the opportunity to present his case in detail and allowed the court to make an informed decision on the matter. The court's decision to adjourn the matter and direct the applicant to provide full particulars of the grounds relied upon in the application demonstrates the court's commitment to ensuring that all relevant information is considered before making a final decision. The final orders of the court will be determined at the next hearing, which is scheduled for 25 June 1991.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA	)
NEW SOUTH WALES DISTRICT REGISTRY )	NO. G313 of 1991

RECEIVED	AND :	MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT L ETHNIC AFFAIRS
FEDERAL COURT OF

Counsel for the Applicant	N. Williams
Solicitors for the Applicant :	Elsworthy Jones
Counsel for the Respondent	L. Glasson
Solicitors for the Respondent :	Australian Government Solicitor
Date of Hearing	21 June 1991
Date of Judgment	21 June 1991