The National, Thuresday 12th January 2012
DEPORTED restaurant proprietor Graham Osborne was granted a reprieve by the National Court last Friday.
Vacation Justice George Manuhu agreed to Osborne’s application that he be granted leave to apply for a judicial review in respect of a decision on Dec 21 last year by Jamie Maxtone-Graham, then acting as Foreign Affairs, Trade and Immigration Minister, to cancel an entry permit rendering Osborne’s continued presence in PNG unlawful.
A further mandatory injunction was issued suspending the effect of the decision pending the final determination of the proceedings or until further orders of the court.
The application for judicial review will be filed by Monday, Jan 16.
Osborne is seeking, among other things, relief from the court declaring that the cancellation of his entry permit by Maxtone-Graham is null and void.
He states that “at all material times … Jamie Maxtone-Graham was not a lawfully-appointed minister in a lawfully-constituted or appointed executive government capable of exercising any executive powers or legal authority” in the country.
Osborne further wants the court to rule that the minister had acted contrary to the Migration Act and abused his statutory powers and he failed to exercise discretion.
He also claims that the processes followed to deport him were in breach of the rules of natural justice in that the minister failed to give him due notice or any reasonable grounds or cause.
Osborne, a New Zealander, was deported to Australia and is presently understood to be in the state of Queensland.