Ozbunbar, Ertan v Minister for Immigration & Multicultural Affairs [1998] FCA 1086

FEDERAL COURT OF AUSTRALIA JUDICIAL REVIEW – error of law – natural justice MIGRATION LAW – Extended Eligibility Temporary Entry Permit on basis of marriage – where spouse diagnosed with psychotic illness and was a psychiatric patient in hospital – whether there was a genuine and continuing relationship – relevance of applicant's commitment to marriage – relevance of benefit derived from spouse of contact with applicant. Migration Act 1958 (Cth) s 34 Migration Regulation 126 Administrative Decisions (Judicial Review) Act 1997 (Cth) Minister for Immigration, Local Government and Ethnic Affairs v Dhillon (Full Court, Federal Court, 8 May 1990, unreported) Appl Jones v Minister for Immigration and Ethnic Affairs (1995) 37 ALD 454 Appl Jones v Minister for Immigration and Ethnic Affairs (1995) 63 FCR 32 Appl Singh v The Minister for Immigration and Ethnic Affairs, (Branson J, 29 April 1996, unreported) Appl Ertan Ozbunbar v Minister for Immigration and Multicultural Affairs QG 11 of 1997 Kiefel J Brisbane

28 August 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 11 of 1997

BETWEEN: ERTAN OZBUNBAR

Applicant

AND: minister for immigration and multicultural affairs

Respondent

JUDGE: KIEFEL J

DATE OF ORDER: 28 AUGUST 1998

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The time for the bringing of the application under the Administrative Decisions (Judicial Review) Act 1997 be extended to 22 January 1997 and leave be granted to amend the application in terms of the document filed on 3 June 1998. 2. The decision of the respondent made on 14 April 1992 be set aside and the matter be remitted to the respondent for determination according to law. 3. The respondent pay the applicant's costs of the proceedings including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.