Palko, M.R.S.R. & Anor v. Minister for Immigration & Ethnic Affairs [1987] FCA 131

CATCHWORDS

ADMINISTRATIVE LAW - ummigration - review of decisions of

delegate to refuse residence and order deportation - whether policy applied was inconsistent with legislation - whether breach of rules of natural justice - whether statement of reasons satistied requirements of 3. 13 ADJR Act - whether

findings on mater1al questions of fact made by delegate - uncertainty arising from delegate's adoption of departmental officer's gubmission satisfactory when officer did not make

findings - duty of delegate to express his own "findings"

Administrative Decisions (Judicial Review) Act 1977 ss. 5, 13

Migration Act 1958 ss. 6, 6A, 18, 20

Kioa v Min. for Immig. & Ethnic Affairs (1985) 62 ALR 321

PALKO & ANOR. v MIN. FOR IMMIG. & ETHNIC AFFAIRS

VG 371 OF 1986 td

va 6 MARCH, 1987. use se

KEELY J. yy RECEIVED TI ,

MELBOURNE of = 3 1MAR 1987

IN THE FEDERAL COURT OF AUSTRALTA

VICTORIA DISTRICT REGISTRY No. VG 371 of 1986

GENERAL DIVISION

BETWEEN :

MARIE REINE SERIZETTE RUBY PALKO and EDWARD PALKO

Applicants AND: MINISTER FOR IMMIGRATION AND ETHNIC APFAIRS

Respondent 6 MARCH, 1987 KEELY J. REASONS FOR DECISION

This is an application under the Administrative

Decisions (Judicial Review) Act 1977 (the Judicial Review

Act) for review of three decisions of a delegate (the delegate) of the respondent Minister for Immigration and Ethnic Affairs, made on 24 July 1986, in respect of the first applicant, Marie Reine Serisette Ruby Palko. They are

described in the application ag being "the decision of the

Respondent that:

1. The first Applicant be refused a further temporary

entry permit.

2.

2. The first Applicant be refused permanent residence in

Australia.

3. The issuing of an order for the deportation of the

first Applicant from Australia."

A statement of reasons in respect of the decisions, signed by

the delegate on 6 November 1986, was furnished to the first