Federal Court of Australia
ae
1 %@ +
JUDGMENT No. 7S1f-Ble
CATCHWORDS Administrative Law - Migration Act - refusal to grant Permanent Resident Status under s. 6 A {i)(e). Whether
consideration by delegate of material not disclosed to applicant a denial of natural justice - remission to
delegate for further consideration.
Administrative Decisions (Judicial Review) Act, 1977
Migration Act, 1958
Kioa v. West [1985] 159 C.L.R. 550
No. G280 of 1987
DAOUD YOUSSEF v. THE MINISTER FOR IMMIGRATION AND ETHNIC
AFFAIRS
M. L. FOSTER, J. SYDNEY
16 NOVEMBER, 1987.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G280 of 1987
GENERAL DIVISION
BETWEEN: DAOUD YOUSSEF
Applicant
AND: THE MINISTER FOR IMMIGRATION
AND ETHNIC AFFAIRS
Respondent
CORAM: M. L. FOSTER, J.
DATE: 16 NOVEMBER, 1987.
REASONS FOR JUDGMENT
HIS HONOUR: The applicant, Daoud Youssef, by his Application, as amended, seeks the following orders pursuant to sections
5S and 16 of the Administrative Decisions (Judicial Review)
Act, 1977 ("The Act"), against the Minister for Immigration
and Ethnic Affairs:-
{1) That the decision of the respondent, dated 9 March 1987, refusing to grant permanent resident status to the applicant,
be set aside; and
(2) The matter to be remitted to the respondent
for reconsideration, having regard to
the reasons.
The decision referred to was in fact arrived at by Anthony George Fortey, a Chief Migration Officer in the Review Branch of the Minister's Department, and a duly authorised officer for the purposes of s. 8 of the Migration Act, 1958. I shall refer to this gentleman hereafter as
"the delegate".
The applicant had entered Australia pursuant to a Temporary Entry Permit issued under s. 6 of the Migration
Act. It was endorsed "Employment Prohibited" and was issued
to him on his arrival in Australia on 18 August, 1985. The permit allowed him to remain in Australia for a period
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