Mahoney, John Richard & Ors v Dillon, Chhinda Singh [1987] FCA 65

Mahoney, John Richard & Ors v Dillon, Chhinda Singh [1987] FCA 65

There was no reviewable decision under the enactment because no relevant decision existed apart from the making of the deportation order by the Minister. Execution or carrying out of the order is not a separate decision subject to judicial review unless distinct statutory criteria apply, which they did not here. Accordingly, the orders below were set aside and the amended application dismissed with costs.

Parties
First Appellant: John Richard Mahoney; Second Appellant: Gregory Charles Kelly; Third Appellant: Peter James Castrission; Fourth Appellant: Minister for Immigration and Ethnic Affairs; Respondent: Chhinda Singh-Dhillon
Jurisdiction
Australia
Judgment Date
19 February 1987
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal allowed. Orders of the single judge set aside. Amended application dismissed with costs.
Legal Topics
Immigration, Judicial Review, Deportation Orders
Administrative Law Immigration Judicial Review Deportation Orders

Case Brief

Summary, issues, holding and outcome

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Parties

John Richard Mahoney

First Appellant

Gregory Charles Kelly

Second Appellant

Peter James Castrission

Third Appellant

Minister for Immigration and Ethnic Affairs

Fourth Appellant

Chhinda Singh-Dhillon

Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether execution of a deportation order is a 'decision' susceptible of review under the Administrative Decisions (Judicial Review) Act 1977
  2. 2 Whether there was a reviewable decision made by officers to deport the respondent, separate from the Minister's order
  3. 3 Whether there is power in the Minister to suspend or revoke the operation of a deportation order

Ratio Decidendi

There was no reviewable decision under the enactment because no relevant decision existed apart from the making of the deportation order by the Minister. Execution or carrying out of the order is not a separate decision subject to judicial review unless distinct statutory criteria apply, which they did not here. Accordingly, the orders below were set aside and the amended application dismissed with costs.

Court Disposition

Appeal allowed. Orders of the single judge set aside. Amended application dismissed with costs.

Orders

  • The appeal be allowed.
  • The orders made by the Court on 9 October 1986 be set aside and in lieu thereof that the amended application be dismissed with costs.