David John Lally v the Honourable Stewart John West, Minister for Immigration and Ethnic Affairs [1984] FCA 357

CATCHWOSDS

357 '

Administrative law - judicial review - competency of application - whether Court has jurisdiction in absence of notice for reasons pursuant to s.13(1) Judicial Feview Act 1977 - whether notice of request for reasons given prior to decision 2S proper notice pursuant to s.13(1) Judicial Feview

Act.

Administrative Decisions (Judicial Review) Act 1977 s.13

DAVID JOHN LALLY v. THE HONOURABLE STEWART JOHN WEST THE MINISTER OF ETATE FOR IMMIGPATION

AND ETHNIC AFFATRS

V. No. G 249 of 1984

Northrop J. _ Melbourne

5 November 1984

IN THE FEDERAL COURT OF AUSTRALIA

») ) VICTORIA DISTRICT REGISTRY ) V. No. G 249 of 1984 ) )

GENERAL DIVISION

BETWEEN: DAVID JOHN LALLY Applicant and

THE HONOURABLE STEWART JOHN WEST

THE MINISTEP OF STATE FOR

IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: Northrop J. DATE: 5 November 1984 PLACE: Melbourne

ORDER

THE COUPT ORDERS THAT: 1. The Objection to Competency be allowed.

2. The Application be dismissed with costs.

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT PEGISTRY ) V. No. G 249 of 1984 ) )

GENERAL DIVISION

BETWEEN : DAVID JOHN LALLY Applicant and THE HONOURABLE STEWART JOHN WEST THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: Northrop J. DATE: 5 November 1984 PLACE: Melbourne REASONS FOR JUDGMENT By his amended application, D.J. Lally ("the Applicant") is seeking orders relating to three separate

decisions made on 26 June 1984. The three decisions which were made by the Minister for Immigration and Ethnic Affairs ("the Minister") can be identified as follows:

1. A decision under the Australian

Citizenship Act 1948 that the Applicant should not be granted

citizenship.

2. A decision under sub-section 6A(1)

Migration Act 1958 that the

Applicant should not be granted an entry permit. In that sub-section a reference to an entry permit is to be read as a reference to an entry permit other than a temporary entry permit; see sub-section 6A(8). For the sake of convenience this