Singthong, W. v. The Minister for Immigration & Ethnic Affairs [1988] FCA 143

SUDGMENT, No. Ite. LS

—— -

CATCHWORDS MIGRATION ACT, s.36A - Interlocutory order for release of applicant for judicial review pending final hearing - Whether

there is a serious question as to the applicability of s.36A to a passenger who has been granted a temporary entry permit and then had it cancelled before she left the airport - Whether release from Villawood detention centre to live pending the hearing at Cremorne would negate s.36A(8) and result in the applicant entering Australia - Construction of s.5(2) and s.36A(8) and meaning of "deemed to enter Australia" and "shall not, for the purposes of this Act, be deemed to have entered Australia by reason only ..." Irrelevance of actions taken by a person after leaving a proclaimed airport to the question whether that leaving was an entry into Australia for the purposes of the Act - Relief granted.

Migration Act 1958, ss.5(2), 36A

WATSANA SINGTHONG -V- THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

NSW G.835 of 1988

Burchett J. Sydney 26 April 1988

IN THE FEDERAL COURT OF AUSTRALIA )

)

NEW SOUTH WALES DISTRICT REGISTRY ) No. G.835 of 1988 )

GENERAL DIVISION ) BETWEEN:

WATSANA SINGTHONG Applicant

AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

MINUTE OF ORDERS OF THE COURT

Judge Making Orders: Burchett J.

Where Made:

Sydney

Date of Orders: 18 and 19 April 1988

(1) THE COURT NOTES THE FOLLOWING UNDERTAKINGS TO THE COURT

GIVEN BY THE APPLICANT BY HER COUNSEL:

(a)

(b)

(c)

(d)

that she will return to Thailand within the time permitted by the Department of Immigration and Ethnic Affairs upon any final determination of her application for judicial review and of any appeal therefrom which upholds the validity of the decisions challenged;

that during her stay in Australia she will not engage in any employment at all;

that she will reside at 11/32 Gerard Street, Cremorne, the home of Michael Ault;