Azemoudeh, M. v. Minister for Immigration & Ethnic Affairs [1985] FCA 518

Azemoudeh, M. v. Minister for Immigration & Ethnic Affairs [1985] FCA 518

Interlocutory orders were necessary and appropriate to protect the applicant's position pending determination of the review application, as there was at least a 'serious question to be tried' regarding failure to consider relevant circumstances and refusal to consider the refugee application on its merits, with balance of convenience in favour of the applicant due to potential danger if deported.

Parties
First Applicant: Masoud Azemoudeh; Second Applicant: Sargon Perchem; First Respondent: Minister for Immigration and Ethnic Affairs; Second Respondent: Emil Joseph
Jurisdiction
Australia
Judgment Date
10 October 1985
Procedural Posture
Judicial Review Application / Interlocutory Order
Outcome
Interlocutory mandatory order granted
Legal Topics
Refugee Status Determination, Deportation, Natural Justice, Interlocutory Relief
Administrative Law Migration Law Refugee Status Determination Deportation Natural Justice Interlocutory Relief

Case Brief

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Parties

Masoud Azemoudeh

First Applicant

Sargon Perchem

Second Applicant

Minister for Immigration and Ethnic Affairs

First Respondent

Emil Joseph

Second Respondent

Procedural Posture

Judicial Review Application / Interlocutory Order

Legal Issues

  1. 1 Whether the applicant was denied natural justice in the process of deportation
  2. 2 Whether relevant considerations were omitted in the decision-making process
  3. 3 Whether discretion was exercised at the behest of another

Ratio Decidendi

Interlocutory orders were necessary and appropriate to protect the applicant's position pending determination of the review application, as there was at least a 'serious question to be tried' regarding failure to consider relevant circumstances and refusal to consider the refugee application on its merits, with balance of convenience in favour of the applicant due to potential danger if deported.

Court Disposition

Interlocutory mandatory order granted

Orders

  • The first respondent take necessary and reasonably available steps to ensure the first applicant stays in Hong Kong until the first available flight to Sydney.
  • That an air ticket is purchased for the first applicant for return to Sydney.