MacMillan, R. v. Eyles, P.B. [1985] FCA 102
The applicant failed to demonstrate any substantial ground or serious question to be tried that would justify a stay. The material before the respondent supported the deportation order, and there was no denial of natural justice or improper exercise of power shown.
- Parties
- Applicant: Ronald Macmillan; Respondent: Peter Brian Eyles
- Jurisdiction
- Australia
- Judgment Date
- 25 March 1985
- Procedural Posture
- Motion / Interlocutory Application for Stay of Execution Pending Review
- Outcome
- Motion dismissed
- Legal Topics
- Deportation, Stay of Execution, Judicial Review, Natural Justice, Migration Act 1958
Case Brief
Summary, issues, holding and outcome
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Parties
Ronald Macmillan
Applicant
Peter Brian Eyles
Respondent
Procedural Posture
Motion / Interlocutory Application for Stay of Execution Pending Review
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of a deportation order pending determination of a judicial review application
- 2 Whether there are sufficient grounds to argue that the deportation order was made in breach of natural justice or as an improper exercise of power under the Migration Act 1958
Ratio Decidendi
The applicant failed to demonstrate any substantial ground or serious question to be tried that would justify a stay. The material before the respondent supported the deportation order, and there was no denial of natural justice or improper exercise of power shown.
Court Disposition
Motion dismissed
Orders
- The motion for a stay of execution of the deportation order dated 7 February 1985 is dismissed.
- The applicant pay the respondent's costs of and incidental to the motion.
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