Lally, D.J. v. The Minister for State for Immigration & Ethnic Affairs [1985] FCA 3

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CATCHWORDS

Administrative Law ~ Judicial Review - deportation order ~- claim by applicant that an cral temporary entry permit had been granted - factual errors in statement of reasons ancluding errors as to permits granted to applicant and an reference to applicant's claim - misleading material before delegate as to applicant's claim and as to permits granted to applicant - failure to take into account relevant considerations and taking into account arrelevant considerations - whether oral representation by departmental officer could amount to grant of valid temporary entry permit - whether estopped by officer's representation from denying such a grant - whether delegate entitled to comcliude that applicant had 'no occupational skiils in demand in Australia" - whether delegate obliged to have regard to questions of whether applicant could be described as a 'queue jumper" etcetera - whether delegate should have taken into account fact that at an earlier time the applicant had been granted

migrant entry visa.

Administrative Decisions (Judicial Review) Act 1977 - s. 5

Migration Act - ss. 6, 6A, 18 and 55

CORAM : KEELY J. DATE : 17 JANUARY, 1985 PLACE : MELBOURNE

1.

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIA DISTRICT REGISTRY ) No. VG 256 of 1984 ) )

GENERAL DIVISION

BETWEEN:

DAVID JOHN LALLY

Applicant

AND:

THE MINISTER FOR STATE FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

17 JANUARY, 1985 KEELY J. REASONS FOR JUDGMENT

This 1S an application by David John Lally (the

applicant) under the Administrative Decisions (Judicial

Review) Act (the Judicial Review Act) for an order of review un respect of the decision, made on 18 September, 1984 pursuant to s. 18 of the Migration Act 1958, ordering the

deportation of the applicant. That decision was made by Mr. L.B. Woodward (the delegate), as the delegate of the Minister for State for Immigration and Ethnic Affairs (the respondent