Minister for Immigration & Multicultural Affairs v Dunne, Thomas Anthony [1999] FCa 204

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural Affairs v Dunne [1999] FCA 204

MIGRATION – Migration Act 1958 (Cth) – Migration Regulations 1989 – applicant taken not to be of good character – whether "good character" requirement capable of being waived – requirement that applicant failed to satisfy public interest criteria only because the applicant was to be taken not to be of good character – whether true discretion vested in the decision-maker – nature of compelling reasons to grant temporary entry permit to an illegal entrant Migration Act 1958 (Cth) s 476(1)(e) Migration Regulations 1989, regs 2, 4, 34A, 35AA, 126, 143 Julius v Lord Bishop of Oxford (1880) 5 App. Cas. 214, cited Commissioner of State Revenue (Victoria) v Royal Insurance Australia Limited (1994) 182 CLR 51, considered Finance Facilities Pty Limited v Federal Commissioner of Taxation (1971) 127 CLR 106, considered Irving v Minister for Immigration Local Government and Ethnic Affairs (1996) 68 FCR 422, considered MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v THOMAS ANTHONY DUNNE NG 503 of 1998

BRANSON J 10 MARCH 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 503 OF 1998

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Applicant

AND: THOMAS ANTHONY DUNNE

Respondent

JUDGE: BRANSON J

DATE OF ORDER: 10 MARCH 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The decision of the Immigration Review Tribunal be set aside. 2. The matter be referred to the Immigration Review Tribunal for further consideration according to law. 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 503 OF 1998