Milne, R.E. v. Minister for Immigration, Local Government & Ethnic Affairs [1988] FCA 151

JUDGMENT Wo. SS\ 7 SS

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G281 of 1987 GENERAL DIVISION )

BETWEEN: ROBERT EDWARD MILNE

Applicant

AND: MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS

Respondent MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 11 MARCH 1988 WHERE MADE: BRISBANE THE COURT ORDEPS THAT:

1. the application be dismissea;

2. the applicant pay the respondent's costs of and

incidental to the application, to be taxed.

NOTE: Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G281 of 1987 GENERAL DIVISION )

BETWEEN: ROBERT EDWARD MILNE

Applicant

AND: MINISTER _FOR_ IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS

Respondent

PINCUS J. 11 MARCH 1988

EX TEMPORE REASONS FOR JUDGMENT

This 1s an application by Robert Edward Milne, of the Miami Hotel, 2043 Gold Coast Highway, Miami, Queenslanc. Mr. Milne 15 a journalist. The application was filed in this Court on 14 December 1987 and by 1t the applicant sought an order to review

conduct of the respondent with respect toa determination of

refugee status.

The application 1s brought ona number of grounds. For

example, it is said that in exercising statutory power under

s.6A(1)(c) of the Migration Act 1958, irrelevant considerations

were taken into account.

The provisions of s.6A(1)(c) are as follows:

"An entry permit shall not be granted to a non-citizen after his entry into Australia unless one or more of the following conditions is fulfilled in respect of him, that is to say -

(c) he is the holder of a temporary entry permit which is in force and the Minister has determined, by instrument in writing, that he has the status of refugee within the meaning of the Convention relating to the Status of Refugees that what was done at Geneva on 28 duly 1951 or of the Protocol relating to the Status of Refugees that was done at New York on 31 January 1967".