Caulton, S.J. & J.A. v The Minister for Immigration & Ethnic Affairs [1987] FCA 425

~ roy A425 CATCHWORDS

ADMINISTRATIVE LAW - Judicial review - Application for reviews of denial of permanent resident status and consequent deportation orders - Natural justice - whether material on which decisions based need be made known to applicants - whether opportunity should be offered to

applicants to deny or explain such material.

Administrative Decisions (Judicial Review) Act 1977: ss. 5.

Migration Act 1958: s. 6A.

STEPHEN JOHN CAULTON and JENNIFER ANN CAULTON v. THE MINISTER FOR

IMMIGRATION AND ETHNIC AFFAIRS

VG 60 of 1987

LOCKHART J. 12 AUGUST 1987

MELBOURNE

A RECEIVED 13 AUG 1987

FEDERAL COURT OF AUSTRALIA

PRINCIPA! REGISTRY

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IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICL REGISTRY No. VG 60 of 1987

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GENERAL DIVISION

BETWEEN: STEPHEN JOHN CAULTON and JENNIFER ANN CAULTON Applicants AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: 12 AUGUST 1987 WHERE ORDER MADE: MELBOURNE MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The decisions of John Richard Mahoney, Delegate of the

Minister of State for Immigration and Ethnic Affairs for the purposes of s. 18 of the Migration Act 1958, an authorised officer for the purposes of s. 6A of the Act and an officer for the purposes of s. 6 of the Act made on 15 January i987 that Stephen John Caulton and

Jennifer Ann Caulton:-

{i) be refused the grant of further temporary entry permits; {ii) be refused the grant of permanent resident status;

{iii) be refused the option of voluntary departure; and (iv) be deported from Australia be set aside. 2. The respondent, the Minister of State for Immigration and Ethnic Affairs, pay the costs of the applicants, Stephen John Caulton

and Jennifer Ann Caulton of the proceedings.

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