Matiu, K v. The Minister of State for Immigration & Ethnic Affairs & Anor [1985] FCA 461

Matiu, K v. The Minister of State for Immigration & Ethnic Affairs & Anor [1985] FCA 461

There was no obligation on the Minister to observe the rules of natural justice in the circumstances of this case, and even if there was such an obligation, the applicant was afforded adequate opportunity to present his case; the applicant had no legitimate expectation arising from his marriage or other facts.

Parties
Applicant: Konelio Matiu; First Respondent: The Minister of State for Immigration and Ethnic Affairs; Second Respondent: Lionel Barrie Woodward
Jurisdiction
Australia
Judgment Date
12 September 1985
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed with costs.
Legal Topics
Natural Justice, Legitimate Expectation, Deportation, Review of Administrative Decisions
Administrative Law Immigration Law Natural Justice Legitimate Expectation Deportation Review of Administrative Decisions

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Parties

Konelio Matiu

Applicant

The Minister of State for Immigration and Ethnic Affairs

First Respondent

Lionel Barrie Woodward

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Minister was bound by the rules of natural justice in making a deportation order under s.18 of the Migration Act 1958.
  2. 2 Whether exceptional circumstances giving rise to legitimate expectation were present.
  3. 3 Whether the applicant was afforded natural justice.

Ratio Decidendi

There was no obligation on the Minister to observe the rules of natural justice in the circumstances of this case, and even if there was such an obligation, the applicant was afforded adequate opportunity to present his case; the applicant had no legitimate expectation arising from his marriage or other facts.

Court Disposition

Application dismissed with costs.

Orders

  • The application be dismissed.
  • The applicant pay the respondents' costs of the application.