Jones, E. v. The Minister of State for Immigration & Ethnic Affairs [1994] FCA 953

a

JUDGMENT No. sont adel oA.

CATCHWORDS

ADMINISTRATIVE LAW - immigration - application to review refusal to grant extended eligibility (spouse) entry permit as marital relationship not genuine and continuing - whether improper exercise of power - whether irrelevant considerations taken into account - whether relevant considerations ignored - whether decision unreasonable.

IMMIGRATION - application to review refusal to grant extended

eligibility (spouse) entry permit - whether prescribed criteria of reg.126 Migration Regulations 1989 (Cth) satisfied

- whether marital relationship "genuine and continuing".

Administrative Decisions (Judicial Review) Act 1977 (Cth): 68.5(1)(e), 5(2)(a), (b) and (g).

Migration Regulations 1989 (Cth): reg.126.

Minister of State for Immigration, Local Government and Ethnic Affairs ov Dhillon (Full Federal Court, 8 May 1990,

unreported); followed.

Minister for Aboriginal Affairs v Peko-Wallsend Limited (1985- 86) 162 CLR 24; applied.

ESTER JONES v AFFAIRS

No WG 37 of 1994

CORAM: HILL J PLACE: SYDNEY (Heard in Perth) DATED: 9 DECEMBER 1994

RECEIVED 12 DEC 1994

FEDERAL COURT OF AUSTRALIA PRINCIPAL REGISTRY

IN_THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY ) No WG 37 of 1994 ) GENERAL DIVISION ) BETWEEN: ESTER JONES Applicant AND: THE __MINISTER _OF STATE _ FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM : HILL J PLACE: SYDNEY (Heard in Perth) DATED: 9 DECEMBER 1994 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Application dismissed. 2. Applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

IN_THE FEDERAL COURT OF AUSTRALIA

were ww

WESTERN AUSTRALIA DISTRICT REGISTRY No WG 37 of 1994 Isto BETWEEN: ESTER JONES Applicant AND: THE MINISTER _OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent