But in substance, if not in terms, the power which was invoked on
behalf of the appellant was the power which is to be implied, from
the language of s.20(1) of the Migration Act 1958, as residing in
the respondent to revoke the deportation order. The source of the
power is that enactment, and a decision by the respondent as to
whether or not it should be exercised is in my opinion a decision
"under an enactment". Counsel for the respondent did not submit
that any of the decisions made on 15 February 1985 was not a
decision "made under an enactment". There is in evidence a letter
from the respondent informing a member of Parliament of his
decision which contains this statement: "In all the circumstances,
I cannot see sufficient justification to revoke the deportation
order." It may be that, 1f on that date the respondent had
decided that the appellant ought to be allowed to remain in
Australia for a few more months, but ought not to be considered,
as the member of Parliament had suggested he might be, for
acceptance as a permanent resident of Australia, the decision
might have been implemented by a Ministerial direction to his
officers, rather than by revocation of the deportation order and
the making of a further deportation order later. Let it be
supposed - I express no opinion - that such a course would have
been unauthorised by law. Yet it appears clearly enough, in my
opinion, that a decision whether or not to revoke the deportation
order was made that day. In substance that is one of the
decisions in respect of which an order of review is sought. If
the language of the originating application does not comprehend
that decision, that defect can, and should, be cured by amendment,