Hutchesson v Minister for Immigration, Local Government & Ethnic Affairs [1988] FCA 165

JUDGMENT No. 16S 78S

CATCHWORDS

Administrative Law - Application to review decision of delegate of respondent Minister - natural justice - credibility of applicant questioned - whether nature of household an irrelevant consideration - importance of lack of knowledge of delegate of

dependancies of applicant as a relevant consideration - grounds

insufficient for review.

Administrative Decisions (Judicial Review) Act 1977 Migration Ac

No. G20 of 1988

BARBEL HERTA HUTCHESSON v. THE HONOURABLE CLYDE HOLDING MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS

FORSTER, J.

ADELAIDE

7TH APRIL 1988

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY No. G20 of 1988

wee

GENERAL DIVISION

BETWEEN:

BARBEL HERTA HUTCHESSON

Applicant - and - THE HONOURABLE CLYDE HOLDING

MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER : FORSTER J. WHERE MADE 3 ADELAIDE DATE OF ORDER : 7TH APRIL 1988

THE COURT ORDERS THAT:

1. The application for review be dismissed with costs.

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

IN THE FEDERAL COURT OF AUSTRALIA ) SOUTH AUSTRALIA DISTRICT REGISTRY No. G20 of 1988 GENERAL DIVISION BETWEEN: BARBEL HERTA HUTCHESSON Applicant - and - THE HONOURABLE CLYDE HOLDING

MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS

Respondent

REASONS FOR JUDGMENT

CORAM: FORSTER, J. :

The applicant applied under the Administrative Decisions

(Judicial Review) Act 1977 for a review of two decisions made in each case by a delegate of the respondent Minister. Both decisions were made on 19 February 1988. The first was a decision to order the deportation of the applicant and the second was to refuse her application for the grant of a resident entry permit which should perhaps logically be in the reverse order. At the end of the hearing I dismissed the application with costs