Stahl, G.K. v Minister for immigration, Local Government & Ethnic Affairs

[1992] FCA 716

JUDGMENT No. .3.!.k.,,./ 2 % ~

IN THE FEDERAL COURT OF AUSTRALIA )	NO. QG 129 of 1992
QUEENSLAND DISTRICT REGISTRY	1
GENERAL DIVISION	1

BETWEEN: WTTFRIED KARL STAHL

First Applicant

AND :  IRENE ANNA STAHL

Second Applicant

AND :  ARNO JOHANNES STAHL

Third Applicant

AND :  CHRISTIANE STAHL

Fourth Applicant

AND:  JUDITH STAHL

Fifth Applicant

AND :

MINISTER FOR IMMIGRATION. LOCAL GOVERNMENT	i
. ,

AND ETHNIC AFFAIRS

Respondent I

MINUTES OF ORDERS

JUDGE MAKING ORDER:	Drummond J
DATE OF ORDER:	4 September,
WHERE MADE:	Brisbane

2. The costs of today are costs in the proceedings.

I,

THE COURT ORDERS THAT:  !.

1.	The respondent is restrained from taking any further	i
action to deport any of the applicants from Australia until 5.00 p.m. on Friday, 11 September,
1992 or earlier order.	!
i

THE COURT DIRECTS THAT:

1. The matter is adjourned for hearing to Friday, 11 September, 1992 at 2.15 p.m..

2. The applicants have liberty to appear on Monday, 7 September, 1992 to then apply for an order that this matter be adjourned for hearing to Tuesday, 15 September, 1992 if, by that date, they can provide written proof that the German Consulate can provide for the replacement of the first applicant's passport.

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

IN THE FEDERAL COURT OF AUSTRALIA )	NO. QG 129 of 1992
9IJEENSLAND DI-eRICT REGISTRY	1
GENERAL DIVISION	1

BETWEEN: GOTTFRIED KARL STAHL

First Applicant

AND :  IRENE ANNA STAHL

Second Applicant

AND:  A M 0 JOHANNES STAHL

Third Applicant

AND :  CHRISTIANE STAHL

Fourth Applicant

AND :  JUDITH STAHL

s if th Applicant

AND:  MINISTER FOR IMMIGRATION. LOCAL GOVERNMENT
AND ETHNIC AFFAIRS

Respondent

L a m	:	Drummond J
Date:	4 September, 1992

Place: Brisbane

EX TEMPORE REASONS FOR JUDGMENT

The applicants now hold tickets and, subject to a complication with regard to the first applicant's passport which may be able to be overcome promptly, there is really no impediment to them departing voluntarily on 17 September,

1992. Given this background and the fact that the respondent

has power, upon the applicants making a proposal to him to be permitted to leave Australia under supervision and, if he considers that there are proper grounds on which to do so, to

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revoke the deportation order, I have decided to adjourn the	I.
,
matter for hearing to 2.15 p.m. on Friday, 11 September, 1992.	l
i ,
In coming to that conclusion, I have taken into account the fact that the original undertakings of 20 August,
1992 and the replacement undertakings of 24 August, 1992,
while being conditional upon, among other things, departure by	i
31 August, 1992 and 7 September, 1992 respectively, were both	l ,
C 1
expressed to operate until 21 September, 1992. That seems to	I
me to be a significant indication that the officials who	1
obtained the undertakings from the applicants recognised that
it might not be possible to comply with all the conditions, .	- c
including the condition as to departure and it was for that	I .
reason that undertakings were extracted which would bind the
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applicants for a couple of weeks beyond the initial departure	;.
I
time.	!
For those reasons, I propose to adjourn the matter to 2.15 p.m. on Friday, 11 September, 1992, but if the applicants wish to appear before me on Monday, 7 September,
Consulate can provide for the replacement of the first	1992 at 4.00 p.m. and provide written proof that the German
applicant's passport, I would expect that I would then adjourn the hearing of this matter to 2.15 p.m. on Tuesday, 15 September, 1992. Whether all the applicants have effective passports or can obtain effective passports by 17 September, 1992 is, it seems to me, a consideration which will be relevant to the determination of relief, which is why I have

adopted the course of adjourning these proceedings to 11 September, 1992, but giving the applicants liberty to apply on 7 September, 1992.

I certify that this and the
preceding two pages is a
true copy of the reasons
for judgment herein of the
Honourable Mr. Justice

Drummond .

Associate: f l y

Date :  4 September, 1992