Smith, Richard Wayne & Ors v The Hon. Jogn Stewart West & Anor [1984] FCA 43

Smith, Richard Wayne & Ors v The Hon. Jogn Stewart West & Anor [1984] FCA 43

The Minister’s delegate did not fail to take into account the birth or welfare of the infant child; the rules of natural justice did not apply to the deportation power, and even if they did, they were observed in this case. No ground for review was made out.

Jurisdiction
Australia
Judgment Date
14 March 1984
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
['deportation Orders' 'natural Justice' 'ministerial Discretion' 'review of Administrative Decisions']
['administrative Law' 'migration Law'] ['deportation Orders' 'natural Justice' 'ministerial Discretion' 'review of Administrative Decisions']

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Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the Minister took into consideration the fact that a child had been born to immigrants in Australia and that the child was an Australian citizen' 'Whether the rules of natural justice apply to the power to deport under s.18 of the Migration Act 1958' 'Whether the Minister acted fairly and took into account the welfare of the infant child when making deportation orders']

Ratio Decidendi

The Minister’s delegate did not fail to take into account the birth or welfare of the infant child; the rules of natural justice did not apply to the deportation power, and even if they did, they were observed in this case. No ground for review was made out.

Court Disposition

Application dismissed with costs

Orders

  • ['The application is dismissed with costs.']