Wah, P.Y. & Ors v Mahoney, J.R. & Anor [1986] FCA 186

The applicants had not identified any specific legal basis showing illegality or a breach of natural justice in the deportation orders, and the mere possibility that departmental papers or reasons might reveal a defect was insufficient to justify even a short stay of facially valid deportation orders under s.18 of the Migration Act 1958.

Jurisdiction: Australia
Judgment Date: 05 January 1986
Procedural Posture: Judicial Review of Immigration Deportation Orders / Application for a Short Stay of Deportation Orders to Enable an Interlocutory Application to Be Brought; Ex Tempore Reasons
Outcome: Applications dismissed.
Legal Topics: ['judicial Review' 'deportation of Prohibited Non Citizens' 'stay of Deportation Orders' 'natural Justice']

['administrative Law' 'immigration Law'] ['judicial Review' 'deportation of Prohibited Non Citizens' 'stay of Deportation Orders' 'natural Justice']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Judicial Review of Immigration Deportation Orders / Application for a Short Stay of Deportation Orders to Enable an Interlocutory Application to Be Brought; Ex Tempore Reasons

Legal Issues

1 ['Whether the applicants should be granted a short stay of deportation orders made pursuant to s.18 of the Migration Act 1958.' 'Whether a general assertion that further examination may reveal a breach of natural justice or other vitiating factor is sufficient to justify a stay of deportation orders valid on their face.']

Ratio Decidendi

Court Disposition

Applications dismissed.

Orders

['The applications be dismissed.' 'The applicants pay to the respondents the costs of and incidental to the proceedings to be taxed.']