Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA ) JICTORIA DISTRICT REGISTRY ) No. G292 of 1985 GENERAL DIVISTON
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN :
KHOI TRI TANG (also known as CHIT TZO TSENG) and CANDICE HUI NHI CHO
Appellants AND:
THE HONOURABLE CHRISTOPHER JOHN HURFORD, MINISTER OF
mo STATE FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
CORAM Evatt, 'Davies, Pincus Jd.
DATED 4 July 1986
MINUTE OF ORDER
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. In lieu of the order of Sheppard J of 20 December 1985 there be substituted an order that the decisions under review be
5et aside and that the matter be remitted to the Respondent
for reconsideration in accordance with the law.
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CATCHWORDS
ADMINISTRATIVE LAW - judicial review - application for review of denial of permanent resident status and consequent deportation order - applicant married to an Australian citizen - temporary entry permit expired - expectation that applicant return to Taiwan before favourable consideration of application for permanent entry permit - failure to consider merits of case - policy inconsistent with - legislative intent - inconsistent with policy statement of Minister
Administrative Decisions (Judicial Review) Act 1977 (Cth) - s.5 Migration Act 1958 (Cth) ss.6, 6A, 7, 13, 18
Australian Citizenship Act 1948 (Cth) Commonwealth Electoral Act 1918 (Cth)
Public Service Reform Act 1984 (Cth)
Rv Port of London Authority, Ex parte Kynoch Limited £19191 1 KB 176
Schmidt v Secretary of State, Home Affairs [19693 2 Ch British Oxygen Company v Board of Trade £19713 AC 610
Sagnata Limited v Norwich Corporation £19713 2 QB 614 Re Drake and Minister for Immigration and Ethnic Affairs (No.2) (1979) 2 ALD 634
Legal Services Commission v Stephens (1981) 2 NSWLR 697 Kohn Ahsoo v Tuchin (unreported, 30 April 1986)
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