Lal, J. & Anor v. Harris A.C. & Anor [1988] FCA 28

Lal, J. & Anor v. Harris A.C. & Anor [1988] FCA 28

No substantial legal argument was shown to warrant granting interlocutory relief; the process followed by the department and the grounds for rejecting the application for resident status were neither vitiated by legal error nor by a failure to provide natural justice, and the application for a stay pending trial must be dismissed.

Parties
First Applicant: Jagdishwar Lal; Second Applicant: Shamina Bibi; First Respondent: Anthony Clement Harris; Second Respondent: Department of Immigration, Local Government and Ethnic Affairs
Jurisdiction
Australia
Judgment Date
09 February 1988
Procedural Posture
Application for Interlocutory or Interim Relief Related to Deportation/review of Deportation Decision / Interlocutory Application Determined, Ex Tempore Judgment
Outcome
Application for interlocutory or interim relief dismissed.
Legal Topics
Deportation, Natural Justice, Grant of Resident Status, Migration Act S.6 A(1)(e)
Administrative Law Immigration Law Deportation Natural Justice Grant of Resident Status Migration Act S.6 A(1)(e)

Case Brief

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Parties

Jagdishwar Lal

First Applicant

Shamina Bibi

Second Applicant

Anthony Clement Harris

First Respondent

Department of Immigration, Local Government and Ethnic Affairs

Second Respondent

Procedural Posture

Application for Interlocutory or Interim Relief Related to Deportation/review of Deportation Decision / Interlocutory Application Determined, Ex Tempore Judgment

Legal Issues

  1. 1 Whether a stay of deportation should be granted pending trial
  2. 2 Whether there was an arguable legal error in considering applicants' circumstances relative to others
  3. 3 Whether natural justice required a separate interview concerning resident status

Ratio Decidendi

No substantial legal argument was shown to warrant granting interlocutory relief; the process followed by the department and the grounds for rejecting the application for resident status were neither vitiated by legal error nor by a failure to provide natural justice, and the application for a stay pending trial must be dismissed.

Court Disposition

Application for interlocutory or interim relief dismissed.

Orders

  • The application for interlocutory or interim relief be dismissed.