Brelin, A.B. & Ors v. The Minister for Immigration & Ethnic Affairs [1987] FCA 239

1 22F

CATCHWORDS

ADMINISTRATIVE LAW - Immigration ~ Decision to refuse application for permanent residence - Applicant mother of young child born in Australia who would be taken with her to France - Father Australian citizen remaining in Australia - Failure of Minister to take into account a relevant consideration, namely effect on child of severance of relationship with father - Adequacy of consideration of this

» matter - Effect of effluxion of time since application lodged.

Migration Act 1958 ss.6, 6A. Administrative Decisions (Judicial Review) Act 1977 s.5.

NSW G.411 of 1986 AISHA BYAMIE BRELIN & ORS v THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Wilcox J Sydney 14 May 1987

GENERAL DIVISION

CORAM: WILCOX J PLACE: SYDNEY DATE: 14 MAY 1987

THE COURT ORDERS THAT:

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) ) )

BETWEEN :

AND:

No. NSW G.411 of 1986

AISHA BYAMIE BRELIN By his next friend

Dominique Simone Raynonde Brelin First Applicant CLIVE WILLIAM MATTHEWS Second Applicant DOMINIQUE SIMONE BRELIN

Third Applicant

THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

MINUTES OF ORDER

1. The decision made by the respondent to refuse the

application of the third applicant dated 11 December

1934, for the grant to her of resident status in

Australia pursuant to ss.6 and 6A of the Migration

Ac= 1958, be set aside.

2. The said application be referred back to the respondent for further consideration according to

law.

3. The respondent pay to the applicants their costs of

this proceeding.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.411 of 1986

GENERAL DIVISION

BETWEEN: AISHA BYAMIE BRELIN By his next friend

Dominique Simone Raymonde Brelin

First Applicant