Federal Court of Australia
Lad .
eM UDGMENT No, M37 SL.
CATCHWORDS
ADMINISTRATIVE LAW - immigration - applications for permanent resident status - applicants members of a Bengali family - one child of the marriage an Australian citizen - applications for resident status refused - failure of decisionmaker to give proper, genuine and realistic consideration to the merits of the applications in exercising his discretion in accordance with policy.
Administrative Decisions (Judicial Review) Act 1977
Migration Act 1958 Australian Citizenship Act 1948 Australian Citizenship Amendment Act 1986
SABRINA KHAN AND ORS. V THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS G.1595 of 1987
GUMMOW J. 11 December 1987 Sydney
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION )
G159 of 1987
BETWEEN: SABRINA KHAN by her next friend
Ashraf Houssain Khan First Applicant
AMBEREEN KHAN by her next friend
Ashraf Houssain Khan
Second Applicant
ASHRAF HOUSSAIN KHAN Third Applicant
ZAEDA AKHTAR KHAN Fourth Applicant
AND: THE MINISTER FOR IMMIGRATION . AND ETHNIC AFFAIRS ~ Respondent
JUDGE MAKING ORDER: Gummow J.
PLACE: DATE:
Sydney 11 December 1987
MINUTE OF ORDER
THE COURT ORDERS THAT:
(1)
(2)
(3)
The decision of the Delegate of the Respondent made on 20 March 1987 to refuse the Third and Fourth Respondents permanent resident status be set aside. The applications of the Third and Fourth Respondents for permanent resident status be referred back for further consideration.
The Respondent pay the Applicants' costs.
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) GENERAL DIVISION ) G159 of 1987
BETWEEN: SABRINA KHAN by her next friend Ashraf Houssain Khan First Applicant
AMBEREEN KHAN by her next friend
Ashraf Houssain Khan Second Applicant
ASHRAF HOUSSAIN KHAN Third Applicant
ZAEDA AKHTAR KHAN Fourth Applicant
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