Federal Court of Australia
Slo, &2 JUDGMENT NO. eresmmmnl smn ee
CATCHWORDS
ADMINISTRATIVE LAW - Migration Act - validity of decision to refuse
the grant of resident status - whether irrelevant considerations taken into account - whether relevant considerations not taken into account - whether making of decision an improper exercise of power - error
of law ~- otherwise contrary to law.
Administrative Decisions (Judicial Review) Act 1977: s. 5.
Migration Act 1958: ss. 6, 6A.
ALFRED NESSIM v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
VG 420 of 1986
LOCKHART J. 14 AUGUST 1987
MELBOURNE
H :- "RT OF AUSTRALIA PRINCIPAL REGISTRY
Ramet
11 JUN
ree
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 420 of 1986
we werew
GENERAL DIVISION
BETWEEN: ALFRED NESSIM Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: 14 AUGUST 1987 WHERE ORDER MADE: MELBOURNE MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The application be dismissed; and 2. The applicant, Alfred Nessim, pay the costs of the
respondent, the Minister for Immigration and Ethnic Affairs.
NOTE: Settlement and entry of orders is dealt with in Order 36 of
the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 420 of 1986
~rewe rw
GENERAL DIVISION
BETWEEN: ALFRED NESSIM Applicant AND: MINISTER FOR IMMIGRATION AND
ETHNIC AFFAIRS
Respondent
14 August 1987
REASONS FOR JUDGMENT
LOCKHART J.
Alfred Nessim seeks an order of review under the
Administrative Decisions (Judicial Review) Act 1977 ("the Judicial
Review Act") of a decision of the relevant officer of the Department
of Immigration and Ethnic Affairs made on 3 December 1986 pursuant to
ss. 6 and 6A of the Migration Act 1958 ("the Migration Act") refusing
Mr. Nessim the grant of resident status.
The grounds on which the decision are challenged are, in general, that the decision-maker erred in connection with the making
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