Ebrahimi, A.Q. v. The Minister for Immigration & Ethnic Affairs [1988] FCA 234

SUDGMENT No. 2347 2 tee ON oncecesecneeedt

CATCHWORDS JUDICIAL REVIEW - Administrative law - sponsorship application - aggrieved person - taking into account irrelevant considerations -

failure to consider relevant considerations - unreasonable exercise of power - power exercised in accordance with a rule or policy without

regard to the merits of the case - refugees - special humanitarian

program - family migration.

Administrative Decisions (Judicial Review) Act 1988

Migration Act 1966

ABDUL EBRAHIMI v THE MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS

G 486 of 1986

CORAM: EINFELD J DATE: 23 May 1988 PLACE: Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No G 486 of 1986

dd

GENERAL DIVISION

Re ABDUL QUDDUS EBRAHIMI Applicant And MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS Respondent

CORAM Einfeld J.

DATE: 23 May 1988

Sydney MINUTE OF ORDERS 1. That the matters be referred to the respondent Minister for further consideration of the orders and decisions, in accordance with reasons for judgment herein. 2. That the respondent Minister pay the costs of the applicant. NOTE: Settlement and entry of orders are dealt with in accordance with

Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No G 486 of 1986 ) GENERAL DIVISION )

Re ABDUL QUDDUS EBRAHIMI Applicant And MINISTER FOR IMMIGRATION

& ETHNIC AFFAIRS

Respondent

CORAM: Einfeld J. DATE: 23 May 1988 PLACE: Sydney

This is an unusual matter. Abdul Quddus Ebrahimi (the applicant) arrived in Australia on 16 November 1980 with his wife and three sons. He became a naturalized Australian citizen on 18 May 1984. Also in Australia as either citizens or permanent residents are the applicant's two younger brothers who are now aged approximately 22 and 24 years. The applicant is almost 43 years of age. His wife is said to be about 28 years old and his children are said to be approximately 18, 11 and 5 years old. Whether the first child is also the child of his wife (who would on this evidence have been 10 years old at the time) is not stated. He has three cousins here - two are married and one is single. Apart from the youngest child of the applicant, who was born in Australia, all of them migrated from Afghanistan.