Bedlington, Jennifer J. & Anor v Chong, Ana Cecilia Enciso [1998] FCA 1139

FEDERAL COURT OF AUSTRALIA

MIGRATION – request to the Minister to exercise power under s 48B(1) of Migration Act to allow a further application for a protection visa – whether Minister has a duty to exercise power under s 48B(1) – effect of s 48B(6) on the imposition of a duty under s 48B(1) – whether there is a duty to bring an application under s 48B to the attention of the Minister – whether Minister has the power to lay down guidelines indicating the circumstances in which he or she is prepared to consider the exercise of the power conferred by s 48B(1).

Migration Act 1958 (Cth) ss 48A, 48B(1), 48B(6) Morato v Minister for Immigration, Local Government and Ethnic Affairs (1992) 39 FCR 401, distinguished JENNIFER J. BEDLINGTON & ANOR v ANA CECILIA ENCISO CHONG NG 50 of 1998 BLACK CJ, KIEFEL AND EMMETT JJ SYDNEY 15 SEPTEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 50 of 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JENNIFER J. BEDLINGTON

First Appellant

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Second Appellant

AND: ANA CECILIA ENCISO CHONG

Respondent

JUDGES: BLACK CJ, KIEFEL AND EMMETT JJ

DATE OF ORDER: 15 september 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The declaration made on 15 December 1997 be set aside and in lieu thereof that the matter, insofar as it has been remitted to this Court, be dismissed. 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 NG 50 of 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JENNIFER J. BEDLINGTON

First Appellant