Ul-Islam, S v Minister for Immigration & Ethnic Affairs [1996] FCA 230

CATCHWORDS ADMINISTRATIVE LAW - IMMIGRATION - whether decision maker erred in refusing to grant Class 816 (Special) Permanent Entry Permit - whether applicant met criteria specified by subreg 816.721(4) and (5) of Migration (1993) Regulations - whether applicant had applied "for a determination that the applicant was a refugee" within the meaning of subreg 816.721(4) - whether a previous application lodged by the applicant for an Extended Eligibility Temporary Entry Permit (EETEP) Class 824 was an application "for a determination that the applicant was a refugee" within the meaning of subreg 816.721(4) - whether subreg 816.721(4) requires that the application on its face be an application for a determination that the applicant was a refugee - whether subreg 816.721(4) requires that the application in substance be an application for a determination that the applicant was a refugee. Immigration Act 1958 (Cth) Migration Regulations Migration (1993) Regulations Migration Reform (Transitional Provisions) 1994 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Hamilton v Minister for Immigration & Ethnic Affairs (1994) 53 FCR 349 Ali v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 178 SHAHID UL-ISLAM v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No. NG74 of 1995 Beazley J 11 April 1996 Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) ) No. NG74 of 1995 NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION ) BETWEEN: SHAHID UL-ISLAM Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: BEAZLEY J PLACE: SYDNEY DATE: 11 April 1996 MINUTES OF ORDERS The Court orders that: 1. The time within which the application for review may be brought be extended to 14 February 1995. 2. The application be dismissed. 3. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.