Federal Court of Australia
.
"IUDGMENT No. AG 2% amnccant
CATCHWORDS
ADMINISTRATIVE LAW - Immigration - Application for resident status - Reliance by applicant on "occupational grounds" - Decisions by delegate of Minister to refuse entry permits and to deport applicant - Failure by delegate to consider matters raised by applicant concerning his occupation - Comment on difficulties occasioned by practice of decision-makers in Immigration Department adopting, as a statement of s.13
reasons, the pre-decision report of another officer.
Migration Act 1958 s.6A.
Administrative Decisions (Judicial Review) Act 1977 ss.5, 13.
NSW G.323 of 1987 RENE MAITAN v_ MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Wilcox J Sydney 7 September 1987
FEDERAL COURT OF AUSTRALIA"
PRINCIPAL REGISTRY
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN : AND: CORAM: WILCOX J PLACE: SYDNEY DATE: 7 SEPTEMBER 1987
)
)
) No. NSW G.323 of 1987 )
)
RENE MAITAN
Applicant
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. Bach of the following decisions made by Tuong-Quang
Luu on behalf of the respondent on 13 July 1987 be
set aside, namely:
(a) The decision to refuse the grant to
the applicant of a temporary entry
permit;
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ene LD rN se see
(b) The decision to refuse Lhe grant to
the applicant of a permanent entry
—
permit; and re
(c) The decision to deport the
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applicant.
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2. The applications made to the respondent by the
applicant for the grant to him of:
{a) a temporary entry permit; and
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(b) a permanent entry permit
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be remitted to the respondent for further
consideration according to law.
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3. The respondent pay to the applicant his costs of the
proceeding.
.
yoni ey
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules, 44
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