Singh, Marjorie Sarawati & Anor v Minister for Immigration & Ethnic Affairs [1983] FCA 408

Pe in ee te

Ik TAR PEDERAL COURT OF AUSTPALIA

1.

ViICTORTA DISTRICT REGIS PRY

No. VG 85 of 1983

GENERAL DIVISION

es ews

BETWEEN + MARJOPIB SARASWATT SINGH IGAL Sincll Applicants * AND : MINTSVER POR TMJ GRALION AQD Lynudkc AFFaALRS Respondent 15 December, 1983 KEBRLY J.

REASONS FOR JUDGMENT

The appJicants, who are husband and wife, have

applied to review three decisions made undcr the Migration

1958. The application is made under s. 5 of the

Administcative Decisions (Judicial Review) Act 1977 (Judicial

Review Act) and 32t was common ground that each applicant was

a person "aggrieved" within the weaning of that section.

The application was originally filed on 23 May,

1983 and, after discussion on the first day of hearing on 7 November, 1983, an amended application was filed on 1 December, 1983 by leave of Fhe Court. That course was not objected to by the respondent, which had not furnished to the

applicants until the morning of 7 November, 1983 the

atement of Reasons", signed by the respondent in July

wee ee wee a ee

Tee ee ate eee ee needs ee cee omer eee oe te

2.

1983, in respect of a decision of the Minister made on 5 May, 1983 which is one of the decisions sought to be reviewed by the applicants. That statement was furnished in answer to a formal request made on 31 May, 1983 under s. 13 of the

Judicial Review Act.

Each applicant seeks to review three decisions. First, a decision of an officer of the Department of Immigration and Ethnic Affairs (the officer) made on 7 June, 1982 refusing to grant to the applicants, under s. 6 of the Migration Act 3958, a further temporary entry permit. The applicants had each been granted temporary entry permits on a number of occasions in respect of various periods the first of which occurred in early 1980 and the last of which expired on 1 June, 1982. Secondly, a decision of the respondent Minister by letter on 5 May, 1983 refusing to grant the applicants, under s. 6A(1) of "the Migration Act, "an entry permit other than a temporary entry permit" i.e. refusing to grant what is conveniently called in the application "permanent residence". An extension of the time prescribed by s. 11 of the Judicial Review Act for the lodging of the application in respect of the decision of 7 June, 1982 was granted without any objection by Dr. Jessup, of counscl, who appeared for the respondent. Thirdly, a decision of the respondent Minister, consisting of a statement in the last paragraph of the same letter of 5 May, 1983, which was