Federal Court of Australia
CATCHWORDS
Immigration - Deportation - Applications made under Administrative Decisions (Judicial Review) Act, 1977 - "Improper exercise of power" discussed - s.6A
Migration Act considered.
Administrative Decisions (Judicial Review) Act, 1977 (Cth) ss. 3, 5, 6, 7, 13, 16
Migration Act, 1968 (Cth) s.6A
MARGARITA BORKOVIC v_ MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
NADA KNEZEVIC v_ MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No. G134 of 1981 No. G135 of 1981
No. G183 of 1981 No. G1i84 of 1981
Fox J 16 December 1981
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
No. G 134 of 1981 No. G 135 of 1981 No. G 183 of 1981 No. G 184 of 1981
) ) NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION }
MARGARITA BORKOVIC and
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
NADA KNEZEVIC and
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
ORDER
JUDGE MAKING ORDER: Fox J
DATE OF ORDER: 16 December 1981 WHERE MADE: Sydney
The Court orders that:
1. The applications be dismissed with costs.
No. G 134 of 1981 No. G 135 of 1981
No. G 183 of 1981 No. G 184 of 1981
IN THE FEDERAL COURT OF AUSTRALIA
) : ) NEW SOUTH WALES DISTRICT REGISTRY } GENERAL DIVISION )
MARGARITA BORKOVIC
and
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
NADA KNEZEVIC and
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
CORAM: Fox J
16 December 1981
REASONS FOR JUDGMENT
I am dealing with the two applications under the Administrative Decisions (Judicial Review) Act, 1977. They raise the same point and have been heard together by agreement. The situation broadly is that the applicants came to Australia in late 1980 as visitors and were granted temporary entry permits in accordance with the Migration Act 1958. These permits expired on 10 March 1981.
On 25 February 1981 applications were made in both cases for entry permits of indefinite duration or alternatively an extension of the temporary entry permits.
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