Mina, T.G. v Minister for Immigration & Ethnic Affairs [1986] FCA 486

IN_THE FEDERAL COURT OF AUSTRALIA VEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISTON

CORAM: FOX, WOODWARD & FISHER JJ.

DATE: 22 OCTOBER 1986

REASONS FOR JUDGMENT

No.G343 of 1986

nd

ON_APPEAL from a sinale jiudde of the Federal Court of Australia-

BETWEEN : -

TAREK GERGIS AWADALLS SAAD MINA

Appellant

AND:

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS -

'(EX TEMPORE)

This is an appeal from a decision of Beaumont J. caiven

in an application under

Review) Act 1977. The

the Administrative Decistans (Judicial

applicant (the appellant before 1s) had

soucght review of a decision of the respondent Minister refusing

' ' to arant him what is commonly called resident status. The facts are not in dispute and are _set out in.his Honour's reasons for

'

judament. It is unnecessary to repeat them.

The appeal is based e¢ssentiallv on the fact that in the statement of the Minister qiven pursuant to s.13 of the Judicial

Review Act he used lanqauage found in the Miarants Entrv Handbook.

--a handbook or policv statement relating to persons who are

miaratinag to Australia or are seeking a permit to do so. The applicant was. in fact. in Australia. and married to an Australian at the time he applied far his permanent resident permit. The Department publishes a separate handbook. the Grant

of Residence Status handbook. which relates to the situation of

such a person.

The applicant married four davs after entering Australia on a visitor's permit. There is no suagestion that the marriade was not genuine. tt has been accepted that the parties then intended to live together as husband and wife. The text from the Handbook used bv the Minister. to which I have referred, was as follows:

"the parties qaenuineliv intend to continue living asa married couple".

This appeared in the Miqarants Entry Handbook, but not in the Grant of Resident Status Handbook. which refers to the