Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sit v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 40 MIGRATION – appeal – whether appellant is an "Australian permanent resident" – whether Full Court should follow judgment of an earlier Full Court – where specific submissions differ.
WORDS & PHRASES – "ceased to be an immigrant"
Migration Act 1958 (Cth), s 34
Tjandra (aka Yek) v Minister for Immigration & Multicultural & Ethnic Affairs (1996) 138 ALR 511 approved Boon Yin Chee v Minister for Immigration & Multicultural & Ethnic Affairs (Lockhart, Heerey & Sundberg JJ, 13 June 1997, unreported) followed Telstra Corporation Limited v Treloar (2000) 102 FCR 592 followed LING YEE SIT v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 868 OF 2002 MOORE, TAMBERLIN & HELY JJ SYDNEY 11 MARCH 2003
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 868 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: LING YEE SIT
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: MOORE, TAMBERLIN & HELY JJ
DATE OF ORDER: 11 MARCH 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. 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 N 868 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: LING YEE SIT
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: MOORE, TAMBERLIN & HELY JJ
DATE OF ORDER: 11 MARCH 2003
WHERE MADE: SYDNEY
REASONS FOR JUDGMENT
THE COURT:
Introduction 1 This is an appeal from a judgment of a judge of this Court of 30 July 2002. The primary Judge dismissed an application for judicial review of a decision of the Migration Review Tribunal ("the Tribunal"). The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs, (now the Minister for Immigration and Multicultural and Indigenous Affairs and collectively "the Minister") to refuse to grant the appellant a Return (Residence) (Class BB) visa under the Migration Act 1958 (Cth) ("the Act").
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