Bowring, P.A. v Minister for Immigration & Ethnic Affairs [1987] FCA 358

2D GENERAL DISTRIBUTION NOT REQUIRED

IN THE FEDERAL COURT OF AUSTRALIA

) VICTORIA DISTRICT REGISTRY No. VG 3 of 1987 GENERAL DIVISION

BETWEEN:

PHILIP ARTHUR _BOWRING

Applicant AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent 13 JULY, 1987 KEELY J.

REASONS FOR JUDGMENT

This is an application by Philip Arthur Bowring (the applicant) under the Administrative Decisions (Judicial Review) Act 1977 (the Judicial Review Act) for an order of

review of a decision that he be refused the grant of a return endorsement under s. 11A(1)(b) of the Migration Act 1958 (the Act). The decision was made by Mr. Derrick Hammon, an authorised officer for the purposes of s. 11A of the Act, and

was notified to the applicant's solicitor, Mr. J. Little, by

letter dated 4 December 1986.

Mr. Hammon supplied to the applicant, upon request

under s. 13 of the Judicial Review Act, a statement of

14 SUL1987

-\ FEDERAL COURT OF = />/ \ AUSTRALIA y

PRINCIPAL a REGISTRY a Xan

reasons, dated 20 March 1987, which included the following

passages:-

"A Findings on material questions of fact

1. The applicant is a British subject and the holder of a British passport.

2. The applicant first entered Australia on or about 10 January 1972 as a migrant; on 20 January 1972 he was issued with a permanent entry permit. Within a few months of his arrival in Australia he purchased a house in Sydney, which he still owns.

3. He came to Australia initially to join the staff of "Finance Week", a magazine being newly launched in Australia. In June 1982 "Finance Week" was closed down and the applicant became a self-employed journalist writing for several publications in Australia and

abroad. The applicant's maternal grandmother was born and lived in Australia.

4. On or about 15 April 1973, the applicant departed from Australia _ for Hong Kong, to take up a_= temporary appointment there. He has resided in Hong Kong ever since, but he has made a number of visits to Australia since then.