Mcphee, J.B. & Ors v Minister of State for Immigration, Local Government & Ethnic Affairs [1988] FCA 327

'JUDGMENT No. 22M SS... -

CATCHWORDS

ADMINISTRATIVE LAW - judicial review - extension of time - migration - deportation - refusal of temporary entry permit - review of decisions over 2 year period - delay - lack of finance - ignorance - criteria for extension - whether decision-maker led to believe decision not disputed - prejudice - merits - fairness -

utility of final relief - motion for extension dismissed.

Administrative Decisions (Judicial Review) Act 1977 s.15, s.1l

Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344

JAMES BOYD MCPHEE, SUSAN BOYD HILL TAMARA LOUISE HILL, SCOTT JAMES HILL and ROBERT GEOFFREY HILL v THE MINISTER OF STATE FOR

IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIR

NO. WAG 72 oF 1958

FRENCH J. PERTH 28 JUNE 1988

RECEIVED 06.JUL 1988

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

ee ee ee ee ee

No. WAG 72 of 1988 BETWEEN: JAMES BOYD McPHEE First Applicant and SUSAN BOYD HILL Second Applicant and TAMARA LOUISE HILL, SCOTT JAMES HILL, ROBERT GEOFFREY HILL Third Applicants and THE MINISTER OF STATE FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS

Respondent

MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 28 JUNE 1988

WHERE MADE: PERTH

THE COURT ORDERS THAT:

A. On the applicants' motion filed 24 June 1988:- 1. The motion be dismissed insofar as it relates to the

extension of time for reviewing decisions 1, 2 and 3

2. ceferred to in the proposed amended application. The applicants have leave to amend the application by

the deletion of references to decisions 1, 2 and 3 and

any grounds relating thereto.

The applicants file their amended application in

accordance with these orders on or before 1 July 1988.

The applicants pay the respondent's costs of this motion

in any event.