Section 151 of the Migration Act 1958 (Cth) confers a discretionary power on a court to issue a criminal justice stay warrant but imposes no obligation to do so, and a person facing deportation has no right to apply for such a warrant. Where an applicant asks the Court to act of its own motion, there is an evidentiary onus on the applicant to justify the warrant. The power is not among those exercisable by a single judge under s 22(1) of the Criminal Appeal Act 1912 (NSW), so no appeal lies to the full Court under s 22(2) from a single judge's refusal. The Court of Criminal Appeal has no jurisdiction to review decisions of the State Parole Authority.
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