Singh, A v Castello, D

Re: ABHINDRA SINGH
And: DARIO CASTELLO; THE MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC
AFFAIRS and DONALD NEIL McALLISTER
No. G57 of 1989
FED No. 373
Immigration

COURT

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
Spender J.(1)

CATCHWORDS

Immigration - refusal to grant a permanent entry permit - whether the officer making the decision was an authorised officer - whether improper exercise of power - whether rules of natural justice observed - whether decision tainted by bias.

Singh v. Minister for Immigration, Local Government and Ethnic Affairs (1989) 90 ALR 397.

Migration Act 1958 s. 6(2); 6A.

HEARING

BRISBANE

#DATE 16:7:1990

Counsel for the applicant: Mr. W. T. McMillan

Solicitors for the applicant: Paul Richards and Assoc.

Counsel for the respondents: Mr. J.A. Logan

Solicitors for the respondents: Australian Government Solicitor

Counsel for the respondents: Mr J.A. Logan

ORDER

The decision of the third respondent be set aside.

The application by Mr. Singh for the grant of a permanent entry permit be remitted to the Minister for Immigration, Local Government and Ethnic Affairs to be determined according to law.

The second and third respondents to pay the applicant's costs.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

JUDGE1

This is an amended application pursuant to the provisions of the Administrative Decisions (Judicial Review) Act 1977 seeking to review two decisions made by officers of the Department of Immigration, Local Government and Ethnic Affairs ("the Department"), concerning the grant of permanent residence to the applicant, Abhindra Singh.

1. The first decision was made by Mr. Dario Castello, the first respondent, who at all material times was the State Director of the Department.

2. The second decision was made by the third respondent, who was then the acting officer-in-charge of the review and ministerial services section, corporate services and review branch of the Department.

3. The precise characterisation of Mr. McAllister's decision must be considered later, but in his statement of reasons given pursuant to the Administrative Decisions (Judicial Review) Act (1977), Mr. McAllister describes himself as "an authorised officer by Instrument of Authorisation dated 30 December 1988". No such dated Instrument of Authorization appears in the evidence. There is an Instrument of Authorization, the handwritten date of which is much overwritten and difficult to read, but which appears to be 12 December 1988. The other instruments of authorization in evidence are dated 1989. He describes the reasons that he offers as the "reasons for my decision of 8 August 1989 made pursuant to 6A of the Migration Act 1958 (the Act) to accept the recommendation of the Immigration Review Panel to refuse the application for grant of resident status to the applicant..."

4. That the application is directed at two decisions reflects the difficulties brought about by the attempts to impose a fee for merit review of some decisions under the Migration Act 1958, such as the decision to refuse an entry permit.

5. On 10 April 1989, the Migration Regulations were…