Court Upholds Right To Deport Man To N.Z.

Press, Volume CI, Issue 29916, 1 September 1962, Page 11

Court Upholds Right To Deport Man To N.Z.

(N.Z. Press Assidation—Copyright)

SYDNEY, August 31 The Supreme Court today dismissed a challenge to the power of the Federal Immigration Minister to order the deportation of a convicted New Zealander. A second challenge, to the right of the New South Wales prison authorities to hold a Federal prisoner, pending deportation. also was rejected Habeas corpus proceedings were taken by the prisoner James Richard Lester, aged 27 formerly of Auckland. Mr J Goldstein (for Lester) told Mr Justice McCiemens that a sentence of two years' gaol imposed on Lester, in Sydney Quarter Sessions, after his arrival in Australia, expired on August 23 He argued the authorities had acted under an ill-defined power in the Migration Act Mr Goldstein said of great importance was the fact Lester was not a Portuguese sailor or a Greek sailor, but an English-speeking New Zealander, whose absorption in the Australian community would not take long. Mr R. F Loveday (for the Minister), said Lester was on

four charges of breaking, entering and stealing and two of theft, but that 59 additional charges had been token into account

Apart from the charges, he said. Lester claimed to be engaged to a 17-year-old girl, who had given birth to a child—since adopted The girl's parents had refused to give their consent to her marrying and their association was at an end

The Judge: I don’t blame them I don't think anyone would

Mr Loveday said unfavourable reports on Lester's character had been received from New Zealand. It was suggested he was a pleasant young man. with an engaging manner, who could open any lock with a minimum of effort. The Judge said there was no evidence Lester had lived other than an irregular life of crime, or that he had been absorbed into the Australian community

He ruled the deportation order was validly made and that the State could hold a Federal prisoner. He ordered Lester to remain in the custody of the State authorities pending his deportation.