Rojas, P. v Minister for Immigration & Ethnic Affairs [1986] FCA 589

Rojas, P. v Minister for Immigration & Ethnic Affairs [1986] FCA 589

There was no additional material indicating a serious question to be tried, and no reasonable prospect that leave to appeal would be granted or the appeal would succeed. The trial judge's finding that natural justice was observed was unassailable.

Parties
Applicant: Percy Rojas; First Respondent: Minister for Immigration and Ethnic Affairs; Second Respondent: John Davidson
Jurisdiction
Australia
Judgment Date
11 December 1986
Procedural Posture
Application for Stay of Deportation Order / Hearing and Determination of Urgent Application for Stay Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Deportation, Natural Justice, Leave to Appeal, Judicial Review
Immigration Law Administrative Law Stay of Deportation Natural Justice Leave to Appeal Judicial Review

Case Brief

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Parties

Percy Rojas

Applicant

Minister for Immigration and Ethnic Affairs

First Respondent

John Davidson

Second Respondent

Procedural Posture

Application for Stay of Deportation Order / Hearing and Determination of Urgent Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether new material exists to justify a stay of deportation
  2. 2 Whether there is a serious question to be tried
  3. 3 Whether leave to appeal should be granted and a stay ordered pending appeal

Ratio Decidendi

There was no additional material indicating a serious question to be tried, and no reasonable prospect that leave to appeal would be granted or the appeal would succeed. The trial judge's finding that natural justice was observed was unassailable.

Court Disposition

Application dismissed

Orders

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