Mustafa, A. v The Honourable Young, M.J. [1987] FCA 307

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V. No. G 61 of 1987

GENERAL DIVISION

AMIRUDDIN MUSTAFA Applicant

and

THE HONOURABLE MICHAEL JEROME YOUNG

(who is sued in his capacity as the

Minister of State for the

Commonwealth of Australia for

Immigration and Ethnic Affairs) _c Respondent

COURT: NORTHROP J. DATE

24 APRIL 1987 PLACE: MELBOURNE

EX TEMPORE REASONS FOR JUDGMENT

On 4 March 1987 a delegate of the Minister of State for Immigration and Ethnic Affairs made an order under s.18 of the Migration Act 1958. The substance of that order was that the applicant was a prohibited non-citizen by virtue of s.7 of that Act in that he was the holder of a temporary entry permit which had expired and no further entry permits applicable to him had come into force. The operative part of the deportation order was that the applicant be deported from

Australia pursuant to s.18 of the Migration Act 1958.

The applicant has brought these proceedings under the Administrative Decisions (Judicial Review) Act 1977 ("the

Judicial Review Act") seeking review of that decision. Implicit in the deportation order are two other decisions, namely, a refusal to grant a temporary entry permit under sub-section 7(2) of the Act, and a refusal to grant what Might be described as a permanent entry permit under paragraph 6A(1)(e) of the Act. Under s.7, power is given to the Minister to grant temporary entry permits to a person in Australia who was in Australia originally under a temporary entry permit which had expired. Under paragraph 6A(1l)(e), a permanent entry permit may be granted to a person if that person is a holder of a temporary entry permit and there are strong compassionate or humanitarian grounds for the grant of

an entry permit to him.

The application for an order of review 15 based on a number of grounds which are set out in the application itself. The applicant is an Indonesian born in September 1954. He was in Australia pursuant to a temporary entry permit in the years 1972 and 1973 and on 19 February 1974 returned to Australia pursuant to a temporary entry permit to enable him to undertake studies in the engineering profession. The various entry permits to enable him to conduct those studies finally ceased to operate and be in existence as from 1 July 1980. Thereafter, the applicant remained in Australia and by reason of the provisions of the Migration Act became a prohibited non-citizen. He was