Ruangrong, T. v. Minister for Immigration & Ethnic Affairs [1988] FCA 126

,

NUDGMINT No. IQS fas

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CATCHWORDS

ADMINISTRATIVE LAW - immigration - judicial review - whether error of law in the decision-making process or reasons of the decision-maker - whether decisions constituted improper exercise of powers conferred by the Migration Act - proper

function of the court in judicial review proceedings - material considerations are those before the decision-maker at

the time of the decision - whether risk is a material

consideration

Minister for Immigration and Ethnic Affairs v. Pochi (1980) 31 A.L.R. 660.

Administrative Decisions (Judicial Review) Act 1977 (Cth) -

S.5, S-i3 Migration Act 1958 (Cth) - s.6

THANAPORN RUANGRONG v. MINISTER FOR IMMIGRATION AND ETHNIC

AFPAIRS No. G478 of 1987 -

Davies J. 29 March 1988 Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G478 of 1987

GENERAL DIVISION

BETWEEN: THANAPORN RUANGRONG

Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: Davies J. DATE: 29 March 1988 PLACE: Sydney MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application.

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

wee ee ee ee

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G478 of 1987

ee ee ee

GENERAL DIVISION

BETWEEN: THANAPORN RUANGRONG

Applicant

AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent ~

CORAM: Davies J. DATE: 29 March 1988 PLACE: Sydney

REASONS FOR JUDGMENT

This is an application under s.5 of the Administrative

Decisions (Judicial Review) Act 1977 (Cth)("the ADJR Act")for orders of review with respect to three decisions made by Tuong Quang Luu, a delegate of the Minister for Immigration and Ethnic Affairs, on 23 September 1987. The three decisions are that the