Background
Mr and Mrs Kioa, who were both from Tonga, entered Australia on temporary entry permits in late 1981. When their permits expired they changed their address without informing authorities. Mr Kioa worked in Victoria until he was arrested as a prohibited immigrant in 1983. In the intervening period the Kioas had a daughter, who by virtue of her birth in Australia, was an Australian citizen. Mr Kioa explained that he overstayed his permit in order to earn money to send home to relatives who were suffering as a result of a cyclone in Tonga.
In October 1983, a delegate of the Minister for Immigration and Ethnic Affairs made a decision that the Kioas should be deported. In arriving at that decision the delegate took into account a departmental submission which, inter alia, submitted that Mr Kioa had been actively involved with people who were seeking to circumvent Australia’s immigration laws.
The Kioas unsuccessfully appealed the decision to the Federal Court and the Full Federal Court. They then appealed to the High Court.
Read more about this topic: Kioa V West
Famous quotes containing the word background:
“I had many problems in my conduct of the office being contrasted with President Kennedy’s conduct in the office, with my manner of dealing with things and his manner, with my accent and his accent, with my background and his background. He was a great public hero, and anything I did that someone didn’t approve of, they would always feel that President Kennedy wouldn’t have done that.”
—Lyndon Baines Johnson (1908–1973)
“They were more than hostile. In the first place, I was a south Georgian and I was looked upon as a fiscal conservative, and the Atlanta newspapers quite erroneously, because they didn’t know anything about me or my background here in Plains, decided that I was also a racial conservative.”
—Jimmy Carter (James Earl Carter, Jr.)