Esteron, T. v Minister for Immigration & Ethnic Affairs [1995] FCA 316

CATCHWORDS IMMIGRATION LAW - Migration Regulations 1989, reg.131A(1)(d) - Immigration Review Tribunal required to consider whether applicant satisfied the relevant criteria continuously until the date of the Tribunal's determination. WORDS AND PHRASES - statutory construction - Migration Regulations 1989, reg.131A(1)(d) -"until the Minister decides" -means until a final decision is made at the conclusion of the administrative decision-making process. Migration Regulations 1989, reg.131A(1)(d) Re Brian Lawlor Automotive Pty Ltd and Collector of Customs (1978) 1 ALD 167; Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409. Gee v Director-General of Social Services (1981) 58 FLR 347. Jebb v Repatriation Commission (1988) 80 ALR 329. Midland Metals Overseas Ltd v Comptroller-General of Customs (1991) 30 FCR 87. TEODOSIA ESTERON v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS NG 211 of 1994 Sackville J. 19 May, 1995 Sydney.

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 211 of 1994 GENERAL DIVISION BETWEEN: TEODOSIA ESTERON Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 19 MAY, 1995 THE COURT ORDERS THAT: 1. The decision of the Immigration Review Tribunal made on 18 March 1994 is affirmed; 2. The 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) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 211 of 1994 GENERAL DIVISION ) BETWEEN: TEODOSIA ESTERON Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 19 MAY, 1995 REASONS FOR JUDGMENT The Proceedings This is an "appeal" on a question of law under s.138 of the Migration Act 1958 ("the Act"), from a decision of the Immigration Review Tribunal given on 18 March 1994. The Tribunal affirmed a decision of the Minister's delegate, made on 10 December 1992, to refuse Mr Esmeraldo Esteron a "December 1989 (temporary) entry permit" under the Migration Regulations 1989 ("the Regulations"), reg. 131A. Mr Esteron's application for a temporary permit under the concessional arrangements embodied in reg.131A was supported by his mother, Ms Teodosia Esteron, as "nominator". Ms Esteron, who is an Australian citizen, is the applicant in the present proceedings and has standing to institute the appeal because she was the applicant for review before the Tribunal: see s.138(2)