Arslan, Rafet & Anor v Durrell, John & Ors [1983] FCA 188

Arslan, Rafet & Anor v Durrell, John & Ors [1983] FCA 188

Decisions refusing further entry permits and affirming deportation relied on adverse allegations against applicants without affording them opportunity to respond, amounting to denial of natural justice, and thus were vitiated; consequential deportation orders based on these decisions were also invalid and must be set aside.

Parties
Applicant: Rafet Arslan; Applicant: Erol Aydin; Respondent: John Durrell; Respondent: The Minister of State for Immigration and Ethnic Affairs
Jurisdiction
Australia
Judgment Date
08 August 1983
Procedural Posture
Applications for Judicial Review / Final Judgment
Outcome
Applications granted; decisions set aside
Legal Topics
Refusal of Temporary Entry Permits, Deportation Orders, Review of Administrative Decisions, Natural Justice, Improper Exercise of Power
Administrative Law Migration Law Refusal of Temporary Entry Permits Deportation Orders Review of Administrative Decisions Natural Justice Improper Exercise of Power

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rafet Arslan

Applicant

Erol Aydin

Applicant

John Durrell

Respondent

The Minister of State for Immigration and Ethnic Affairs

Respondent

Procedural Posture

Applications for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether denial of natural justice occurred in refusal of entry permits
  2. 2 Whether decisions to refuse permits and to deport were vitiated by reliance on untested allegations
  3. 3 Whether departmental policy was applied without regard to merits

Ratio Decidendi

Decisions refusing further entry permits and affirming deportation relied on adverse allegations against applicants without affording them opportunity to respond, amounting to denial of natural justice, and thus were vitiated; consequential deportation orders based on these decisions were also invalid and must be set aside.

Court Disposition

Applications granted; decisions set aside

Orders

  • Decision of respondent Durrell of 24 March, 1983 set aside.
  • Decision of the Minister of 3 June, 1983 affirming Durrell's decision set aside.