Balou, Ratco & Anor v Minister for Immigration & Ethnic Affairs [1984] FCA 140

Balou, Ratco & Anor v Minister for Immigration & Ethnic Affairs [1984] FCA 140

Because the review application raised serious questions concerning the reviewability of the entry permit, refugee status, compassionate grounds and revocation decisions, and because the applicant's risk of self-harm appeared tied to loss of hope while there was no evidence of danger to others, he should be released pending hearing on strict residence, reporting and undertaking conditions.

Jurisdiction
Australia
Judgment Date
15 May 1984
Procedural Posture
Application for Review of Decisions to Refuse an Entry Permit Under S.6 A(2) of the Migration Act 1958 / Interlocutory Application for Release Pending Hearing
Outcome
Applicant released on conditions pending the hearing; substantive review not determined.
Legal Topics
['entry Permit Refusal' 'refugee Status' 'compassionate Matters' 'review Rights' 'revocation of Decision' 'release Pending Hearing']
['administrative Law' 'immigration Law'] ['entry Permit Refusal' 'refugee Status' 'compassionate Matters' 'review Rights' 'revocation of Decision' 'release Pending Hearing']

Case Brief

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Procedural Posture

Application for Review of Decisions to Refuse an Entry Permit Under S.6 A(2) of the Migration Act 1958 / Interlocutory Application for Release Pending Hearing

Legal Issues

  1. 1 ['Whether the applicant may establish a case for review of decisions refusing an entry permit under s.6A(2) of the Migration Act 1958 involving section 6A(1)(c) and (e).' 'Whether a decision under s.6A(1)(c) is a decision under the Migration Act 1958.' "Whether review right IV under s.6A(1)(e) had to be brought to the applicant's notice." 'Whether a decision not to revoke a decision is a decision under the Migration Act 1958.' 'Whether the applicant should be released pending the hearing.']

Ratio Decidendi

Because the review application raised serious questions concerning the reviewability of the entry permit, refugee status, compassionate grounds and revocation decisions, and because the applicant's risk of self-harm appeared tied to loss of hope while there was no evidence of danger to others, he should be released pending hearing on strict residence, reporting and undertaking conditions.

Court Disposition

Applicant released on conditions pending the hearing; substantive review not determined.

Orders

  • ['The applicant is to be released upon terms.' 'The applicant is to report every second day to the nearest police establishment to the home of Ms. St. George.' "The applicant is to live at Ms. St. George's home during the period before the case comes on for hearing." 'Ms. St. George is to give an undertaking that if...