Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - application for permanent resident status - marriage to Australian citizen - no cohabitation - application
refused - application for order of review ~- whether error of law - marriage legally valid but entered into solely for the purpose of securing resident status in Australia - other factors relevant
to s.6A(1)(b) not considered - undue limitation of factors taken
into account.
Administrative Decisions (Judicial Review) Act 1977 ss.5, 13. Marriage Act 1961 ss.23, 46.
Migration Act 1958 s.6A.
Hyde v. Hyde (1866) L.R. 2 P.& D. 130. Reg. v. Cahill [1978] 2 N.S.W.L.R. 453.
Minister for Aboriginal Affairs v. Peko-Wallisend Limited and Others (H.C. 3ist July 1986 unreported).
LISA MEGGS v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS NO. G61 OF 1986
Jackson J. Sydney 18 September 1986
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G6l of 1986 ) )
GENERAL DIVISION
BETWEEN: LISA MEGGS Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: JACKSON J. DATE: 18 SEPTEMBER 1986 PLACE: SYDNEY MINUTES OF ORDER THE COURT ORDERS THAT: l. The decisions of the authorized officer of 4th December 1985 and 10th February 1986 be quashed. 2. The applicant's application under s.6A of the Migration
Act 1958 be referred to the authorized officer for
reconsideration according to law.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
IN THE FEDERAL COURT OF AUSTRALIA
No. G61 of 1986
BETWEEN: LISA MEGGS Applicant AND: MINISTER FOR IMMIGRATION
AND ETHNIC AFFAIRS
Respondent
CORAM: JACKSON J. DATE: 18 SEPTEMBER 1986 PLACE: SYDNEY
REASONS FOR JUDGMENT
The applicant is an Indonesian national who was born in Semarang, Central Java, in 1956. She and members of her family are of the Chinese race. She first entered Australia on 25th January 1975 as a private student pursuant to a temporary entry permit issued on 23rd January 1975, the permit being for an initial stay of 12 months. Subseguent temporary entry permits were granted, with occasional lapses, up to 30th October 1981. On 21st October 1980, the applicant, who had first enquired of the respondent about permanent residence in
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