Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW = Immigration - Application of policy without regard to the merits of the particular case =- Grounds for extension of time - Application for entry permit on ground of marriage to an Australian citizen - Departmental requirement that marriage be "on-going" - Effect of statement in s.13 Reasons prepared two years later that "there was no reason not to apply
the policy in this case" - Court not bound by such a formula when
reasoning and actions of decision-maker showed the policy was
applied without regard to the merits of the particular case.
Administrative Decisions (Judicial Review) Act 1977 ~- ss.5, 11, Migration Act 1958 - s.6A(1)(b) & 6A(1)(e)
Hunter Valley Developments Pty Ltd v. Cohen (1984) 3 F.C.R. 344 Pozniak v. Minister for Health, Burchett J., unreported, 14 March
R. v. Port of London Authority; Ex parte Kynoch Ltd. [1919] 1 K.B. 176
In Re Clarkson (1982) 56 A.L.J.R. 224
Minister for Immigration and Ethnic Affairs v. Tagle (1983) 48 A-LeR. 566
Howells v. Nagrad Nominees Pty Ltd (1982) 66 F.L.R. 169
Drake v. Minister for Immigration and Ethnic Affairs (No. 2) T1979] 2 A.L.D. 634
Tang v. Hurford, unreported, Full Court, Evatt, Davies and Pincus JJ., 4 July 1986
Turner v. Minister for Immigration and Ethnic Affairs (1981) 35 A-L.R. 388
Kaufusi v. Minister for Immigration and Ethnic Affairs, Smithers J., unreported, 20 September 1985
VATCHAI CHUMBAIRUX -V~ MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS NSW G.322 of 1985
Burchett J. Sydney 17 September 1986
FEDERAL fe / 'CURT ;
AUSTRALIA? OF Pa /
\ FRING, PAL, ¢ N, EGISTRY
See
2a
IN THE FEDERAL COURT OF AUSTRALIA
NEW _ SOUTH WALES DISTRICT REGISTRY No. 322 of 1985
www vw wv
GENERAL DIVISION
BETWEEN: ' VATCHAI CHUMBAIRUX
Applicant
MINISTER FOR
IMMIGRATION & ETHNIC AFFAIRS
Respondent
REASONS FOR JUDGMENT BURCHETT J.
The applicant, Mr. Vatchai Chumbairux, seeks extensions of the periods prescribed by s.1l of the Administrative Decisions (Judicial Review) Act 1977 (the Judicial Review Act) for the making of applications to the Court for orders of review of decisions not to grant him an entry permit, made on or about 28 June 1983 and again on or about 22 February 1984. If extensions of time are granted, he seeks to pursue the applications in question pursuant to s.5 of the Judicial Review Act.- In addition, he applies for review under s.5 of the decision made on or about 16 October 1985 to decline to reconsider his application, and to commence action to enforce his departure from
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate