Meggs v Minister for Immigration & Ethnic Affairs [1988] FCA 210

'wr

TRE Epes pen em ony

S189 storeepabenses

CATCHWORDS

ADMINISTRATIVE LAW - Immigration - Decision refusing permanent resident status - immigrant who left Australia for a holiday - whether return to Australia constituted "entering" Australia - whether transitional provision of Migration Act Amendment Act 1980 applied - meaning of "entered or last entered" - failure to take into account

relevant consideration. by delegate.

Administrative Decisions (Judicial Review) Act 1977 s. 5

Migration Act 1958 s. 6A Migration Act Amendment Act 1980 s. 11

LISA MEGGS v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

VG 159 OF 1988 3 MAY, 1988 wen

KEELY J.

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 159 of 1987

ewww

GENERAL DIVISION

BETWEEN: LISA MEGGS Applicant

AND

THE HONOURABLE MICHAEL JAMES YOUNG MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

3 MAY, 1988 KEELY J.

REASONS FOR JUDGMENT

This is an application by Lisa Meggs (the applicant)

under the Administrative Decisions (Judicial Review) Act 1977

(the Judicial Review Act) for an order of review of a decision, made on 11 March 1987, by the delegate of the Minister for Immigration and Ethnic Affairs (the delegate)

not to grant permanent resident status to the applicant.

At the request of the applicant's solicitors under s. 13 of the Judicial Review Act, the delegate furnished a

statement of reasons, dated 27 May 1987 (the reasons). In

that statement he included the following:

"1 The is a citizen of

Indonesia.

Applicant

2 The Applicant first arrived in Australia on 25 January 1975 on a student visa. The Applicant's arrival details are as follows:

Date of Place of Visa type Visa issued Arrival Arrival & conditions at/on 25/1/1975 Sydney Student, RX-1 Jakarta 23/1/75 28/1/1978 Sydney Temp. Re-entry Melbourne xx-1 21/10/76 4/2/1980 Melbourne Temp. Re-entry Melbourne SS-1 17/10/79