Minister for Immigration & Ethnic Affairs v Polat, S. [1995] FCA 268

C A T C H W O R D S IMMIGRATION - application for reg 142 confirmatory entry permit - whether officer unlawfully rejected the lodgment of an application - whether the Minister was estopped from denying that the application was lodged in time - whether reg 35AA(1) allowed the grant of a permanent entry permit notwithstanding non-compliance with s.47(1) of the Migration Act 1958 (Cth). ADMINISTRATIVE LAW - whether a decision-maker may vacate a decision - whether an applicant may withdraw an application - whether the application to the Court was lodged within a reasonable time. ESTOPPEL - whether estoppel may operate so as to excuse performance of a statutory obligation or permit an ultra vires act - whether misleading advice given by an official can give rise to estoppel - whether applicant was under an erroneous assumption that an application had been lodged. STATUTES - contradiction of express statutory provision by subordinate legislation - whether conduct amounted to substantial compliance with the procedural requirements of the regulations

- 2 - Administrative Decisions (Judicial Review) Act 1977 (Cth) - s.11(4) Migration Act 1958 (Cth) - s.47(1). Migration Regulations - regs.22, 35AA(1), 142 Ansett Transport Industries (Operations) Pty Ltd v The Commonwealth (1977) 139 CLR 54 Beaudesert Shire Council v Smith (1966) 120 CLR 145 Brewer v Minister for Immigration, Local Government & Affairs (1993) 46 FCR 84 Brooks and Burton Ltd v Secretary of State for the Environment [1978] 1 All ER 733 Cambridgeshire and Isle of Ely County Council v Rust (1972) 2 QB 426 Chand v Minister for Immigration, Local Government & Ethnic Affairs (1993) 30 ALD 777 Commissioners of Customs and Excise v Hebson Ltd (1953) 2 Ll Rep 382 Formosa v Secretary, Department of Social Security (1988) 81 ALR 687 Glass v Defence Force Retirement & Death Benefits Authority (1992) 38 FCR 534 Hamilton v Minister for Immigration & Ethnic Affairs (Davies, Sheppard & Burchett JJ, 26 October 1994) Howell v Falmouth Boat Construction Co Ltd [1951] AC 837 Hunter Resources Ltd v Melville (1988) 164 CLR 234 Lever Finance Ltd v Westminster (City) London Borough Council [1971] 1 QB 222 Minister for Immigration, Local Government & Ethnic Affairs v Kurtovic (1990) 92 ALR 93 Minister for Immigration, Local Government & Ethnic Affairs v Buksh (1992) 26 ALD 399 Maritime Electric Co Ltd v General Dairies Ltd (1937) AC 610 Minister of Agriculture and Fisheries v Matthews (1950) 1 KB 148 New South Wales Trotting Club Ltd v The Council of the Municipal Council of Glebe (1937) 37 SR (NSW) 288 Office of Personnel Management v Richmond 496 US 414 (1990) Re Queensland Nickel Management Pty Ltd v Great Barrier Reef Marine Park Authority (1992) 28 ALD 368 Roberts v Repatriation Commission (1992) 39 FCR 420 Southend-on-Sea Corporation v Hodgson (Wickford) Ltd (1962) 1 QB 416 The Commonwealth v Verwayen (1990) 170 CLR 394 Wells v Minister of Housing & Local Government [1967] 1 WLR 1000 Western Fish Products Ltd v Penwith District Council [1981] 2 All ER 204 MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS v SABRI POLAT No G 695 of 1994 Davies, Whitlam & Branson JJ 13 April 1995 Sydney