Fasano, B. & Anor v Minister for Immigration & Ethnic Affairs [1987] FCA 386

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.134 of 1987

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GENERAL DIVISION

BETWEEN: BARBARA FASANO Applicant AND: MINISTER FOR IMMIGRATION

AND ETHNIC AFFAIRS AND ANOR

Respondent

Judge: Gummow J. Place: Sydney Date: 3 July 1987

REASONS FOR JUDGMENT

This is an application under the Administrative Decisions (Judicial Review) Act 1977 ("the ADJR Act) seeking an order for review of a decision taken on 9 March 1987 to refuse what was described as an application for an entry permit giving the applicant permission to engage in employment whilst she

remains in Australia.

The applicant submits that there are grounds for review under s.5(1)(f£) (error of law) and under 8.5(1)(e) in conjunction with each of five paragraphs in s.5(2), namely (a) (irrelevant considerations),(b)(relevant considerations not taken into account),(c)(extraneous purpose),(f£)(rule or policy applied without regard to the

(g)} (unreasonableness).

I should emphasize at the outset that the proceedings are not by way of appeal from the administrative decision in question. In reviewing an administrative decision it is not the function of the Court to substitute its own decision for that of the administrator by re-exercising a discretion vested by law in the administrator alone. The concern of the Court is thus not with the merits of the decision but with the manner in which it was made, as is indicated by the grounds relied upon by the applicant which I have listed above. Further, the exercise of an administrative discretion of its nature involves a choice between more than one possible course of action, on which there is room for reasonable people to hold differing opinions as to which is to be preferred. See Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 66 ALR 299 at 309, Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] Ac 1014 at 1064, Rv Entry Clearance Officer, Bombay Ex parte Amin [1983] 2 AC