Hamilton, J. & Anor v. Minister for Immigration & Ethnic Affairs [1994] FCA 782

JUDGMENT NO. soon 82/2

CATCHWORDS

IMMIGRATION - entry permit - appeal from decision refusing review of administrative decision rejecting application for permit by an illegal entrant - whether applicant nominated by a relative (mother) under the family and other close ties (after entry) entry permit regulations - applicant and mother given misleading and inadequate information - meaning of nomination - whether substantial compliance with procedural requirements - distinction between mandatory and directory

provisions - consideration of issues of practical fairness in the administration of the Migration Act - need for an overriding discretion - law reform

STATUTES - interpretation - distinction between mandatory and directory provisions

Migration Act, s.34 Migration Regulations (1993), reg 1.11, Sch 2, cl 806, Sch 6

Acts Interpretation Act, s.25C

Hakim v. Minister for Immigration and Ethnic Affairs (Wilcox J, 2 May 1994,

unreported)

[asker v. Fullwood [1978] 1 NSWLR 20

Hunter Resources Limited v. Melville & (1588) 62 ALJR 88

Mohammed' Motabit Ali v inist ti cal Govern t and Ethnic

Affairs (unreported, Federal Court, jenkineae Lee & Beazley JJ, 2 September 1994).

J IN ON and OLIVE MARY McMURRAY v MINISTER FOR

IMMIGRATION & ETHNIC AFFAIRS NG84 of 1994

Davies, Sheppard & Burchett JJ. 26 October 1994

Sydney

RECEIVED 2 6 OCT 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA ) ) W. W, STRICT REGISTRY ) NG84 of 1994 ) GENERAL DIVISION ) On appeal from a judgment of a single judge of the Federal Court of Australia BETWEEN: JACQUELINE ILTON First Appellant OLIVE MARY McMURRAY Second Appellant AND: MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS Respondent Coram: Davies, Sheppard & Burchett JJ Place: Sydney ate: 26 October 1994 MINUTES OF ORDER THE COU. S THAT:

1. The appeal be allowed.