Federal Court of Australia
CATCHWORDS
Administrative Law - Judicial review - Immigration - Refusal to
grant resident status to prohibited non-citizen notwithstanding Marriage to Australian citizen - marriage not genuine and ongoing
- decision to deport - refusal to grant refugee status.
Administrative Decisions (Judicial Review) Act
Migration Act
Minister for Immigration and Ethnic Affairs v. Mayer (1985) 59
ALUR 824.
No. WAG 18 of 1986
MAJID FARDSAVAR v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
FORSTER, J. PERTH
10 OCTOBER, 1986
fry: ane
2. CcT 358
FEDERAL COUAT OF AUSTRALIA PRINCIPAL
REGISTRY A
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISTON
JUDGE MAKING ORDER
WHERE MADE DATE OF ORDER
THE COURT ORDERS THAT:
) ) ) ) ) ) )
No. WAG 18 of 1986
BETWEEN:
MAJID FARDSAVAR
Applicant
- and -
MINISTER FOR IMMIGRATION AND
ETHNIC
AFFAIRS
Respondent
MINUTE OF ORDER
i. The applications be dismissed.
Note: Settlement and entry of orders of the Federal Court Rules.
FORSTER J.
PERTH 3 OCTOBER 1986
is dealt with in Order 36
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY No. WAG 18 of 1986
)
)
)
)
)
)
GENERAL DIVISION ) BETWEEN:
MAJID FARDSAVAR Applicant
~ and -
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
REASONS FOR JUDGMENT
CORAM: Forster J.:
The applicant sought a review under the Administrative
Decisions (Judicial Review) Act of each of three separate
decisions of the respondent :
A. That the applicant be deported pursuant to order of 20 February 1986 effective immediately.
B. That the applicant not be granted permanent residence on
refugee status. c. That the applicant not be granted permanent resident
status despite his marriage to an Australian citizen.
These three decisions impinge upon each other because of
course if decision C. had been to the opposite effect decision A.
2. could not have been made. Nevertheless the applicant is clearly a "person aggrieved" by each of the decisions even if the first
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