Varghese, J. v Minister for Immigration & Ethnic Affairs [1986] FCA 379

NEW SOUTH WALES DISTRICT REGISTRY

NOT CONSIDERED SUITABLE FOR CIRCULATION

IN THE FEDERAL COURT OF AUSTRALIA

No. 371 of 1986

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GENERAL DIVISION

BETWEEN: JOLLY VARGHESE

Applicant

AND

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

BURCHETT J.

The situation is that I have an application before me in a somewhat informal form supported initially by an affidavit from a Miss Glantzlen, who says she is the de facto wife of the applicant and gives some details in support of that statement. The informality and incompleteness of the application and the evidence are explicable by virtue of the speed involved in view of the imminent deportation of the applicant unless some order is made. I understand the application to be under' the

Administrative Decisions (Judicial Review) Act 1977 and no

objection has been taken on that footing.

2.

Oral evidence has been proffered, arising out of a matter to which attention was drawn during the argument, that prior to the making of the decision to make the deportation order, an officer of the Department, who is now the acting Assistant Director of the Enforcement Section, and was then responsible for the preparation of the submission which led to the deportation order being made, was told that the solicitor for the applicant had instructions to make an application, based on

s.6A(1)(e) of the Migration Act 1958, arising out of the de facto relationship between the applicant and the lady (whose name may not have been mentioned in the conversation, as I understand the

evidence).

It would of course be necessary, if such an application were made, that it be made on the basis that an application would be made first for the grant of a further temporary entry permit, since s.6A(1)(e) is only available to someone who is the holder of a temporary entry permit which is in force, and there are strong compassionate or humanitarian grounds for the grant of an entry permit to him. But I would think, prima facie, an experienced officer of the Department would readily understand that that would be open as a way of dealing with the matter, and at any rate that the substance of what would be sought would