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

[1991] FCA 355

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

I

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