Simonsz, L. v The Minister for Immigration & Ethnic Affairs [1995] FCA 95

CATCHWORDS IMMIGRATION - application for review - application for entry permit refused - decision to detain illegal entrant in custody - material against which reasonableness of decision is to be assessed - whether period of grace expired - adequacy of notification of refusal - whether a permissible application before the department. Migration Act 1958 ss 6A, 13, 34, 37, 92 Acts Interpretation Act 1901 s 29 Migration Regulations regs 35, 42, 140, 173 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Attorney General (NSW) v Quin (1990) 170 CLR 1 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FLR 155 Parramatta City Council v Pestell (1972) 128 CLR 305 Australian Broadcasting Tribunal (1990) 170 CLR 321 No. VG 35 of 1993 LEONIE SIMONSZ v THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Branson J. Melbourne 7 March 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) VICTORIA DISTRICT REGISTRY ) No. VG 35 of 1993 ) GENERAL DIVISION ) BETWEEN: LEONIE SIMONSZ Applicant - and - THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent REASONS FOR JUDGMENT CORAM: Branson J. PLACE: Melbourne DATE: 7 March 1995 Introduction The applicant, a citizen of the Democratic Socialist Republic of Sri Lanka, arrived in Australia on 27 March 1988 on a visitors visa and was granted a Temporary Entry Permit ("TEP") valid for six months. Subsequently the TEP was extended until 20 December 1988. No further extension of the TEP was granted. Thereafter the applicant was, in the current terminology, an illegal entrant. On 6 December 1988 the applicant made an application on compassionate grounds under s.6A(1)(e) of the Migration Act 1958 for resident status ("the first application"). The Migration Act 1958 as relevantly in force from time to time