Singh, R. v The Minister for Immigration & Ethnic Affairs [1995] FCA 513

CATCHWORDS ADMINISTRATIVE LAW - judicial review - immigration - dissatisfaction with written statement of decision maker - request pursuant to s13(1) of the ADJR Act for written statement made later than twenty eight days from the furnishing of a decision in writing - right of decision maker to refuse to provide a supplementary statement of reasons - application of s481 of Migration Act 1958 (Cth) - power to direct parties - Senior Member not a party to the proceedings before the Court. Migration Act 1958 (Cth) ss 135(1), 368(1), 475, 480 and 481 Migration Reform Act 1992 (Cth) s 268(1) Migration Reform (Transitional Provisions) Regulations 1994 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 No. SG 8 of 1995 MR RESHAM SINGH v THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Branson J Adelaide 21 July 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No. SG 8 of 1995 ) GENERAL DIVISION ) BETWEEN: MR RESHAM SINGH Applicant - and - THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent MINUTES OF ORDER CORAM: Branson J PLACE: Adelaide DATE: 21 July 1995 THE COURT ORDERS THAT: 1. The motion of the applicant brought on notice of motion filed on 4 July 1995 be dismissed. 2. The applicant pay the costs of the respondent of that motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No. SG 8 of 1995 ) GENERAL DIVISION ) BETWEEN: MR RESHAM SINGH Applicant - and - THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent REASONS FOR JUDGMENT CORAM: Branson J PLACE: Adelaide DATE: 21 July 1995 By a notice of motion dated 4 July 1995 the applicant sought, amongst other orders, an order requiring the Immigration Review Tribunal, constituted by Ms M Fadjiar, Senior Member, to furnish a statement giving adequate reference to the evidence on which she based her findings of fact when affirming a decision not to grant the principle, Mrs Surinder Kaur ("Mrs Kaur"), a Class 100 (spouse) migrant visa. The other orders sought on the notice of motion are incidental to the above order and need not be separately considered. The following is a brief chronology of events in this matter:-