Federal Court of Australia
; JUDGMENT No.229.2.7, 38...
CATCHWORDS
ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review) Act 1977 - Application for judicial review of decision "to reject an application for resident status" - Applicant not the
holder of temporary or other entry permit then in force when decision to grant or refuse application was made - Preliminary question as to whether decision-maker is prohibited from granting
application in these circumstances.
Administrative Decisions (Judicial Review) Act 1977 ss.5, 13, sub-s.16(2)
Migration Act 1958 ss.6, 6A, 7, 10, 11A, 12, 13, 18, 31A, 35, 38,
39. sub-ss.14A(2), 27(2A), 27(2BA), paras.5(2)(a), 27(1) tad, 27(1) (ab)
Migration Act Amendment Act 1987 s.4, sub-s.2(2)
Federal Court Rules 0.29 r.2
KATHLEEN PATRICIA McDERMOTT v. THE MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS
No. WAG 26 of 1988
LEE J. PERTH 13 JUNE 1988
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 26 of 1988
BETWEEN: KATHLEEN PATRICIA McDERMOTT Applicant
and
THE MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS
Respondent
CORAM: LEE J. 13 June 1988 REASONS FOR JUDGMENT This is a decision on a preliminary issue raised in the course of a directions hearing for an application for an order to review a decision of the Minister for Immigration, Local
Government and Ethnic Affairs ("the Minister") pursuant to s.5 of
the Administrative Decisions (Judicial Review) Act 1977.
The application described the decision sought to be reviewed as a decision "to reject an application for resident status". The application does not refer to the Migration Act 1958. However, the statement of reasons supplied to the applicant by the
delegate of the Minister in accordance with s.13 of the Administrative Decisions (Judicial Review) Act 1977 states that
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