Chan, Y K & Ors v Minister for Immigration & Ethinc Affairs [1987] FCA 694

.

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YUDGMENT No. 614/ B=] |

CATCHWORDS

ADMINISTRATIVE LAW - immigration - application to review decisions to refuse entry permits and to deport - natural justice - entitlement to respond to adverse inference that not a "bona fide visitor" - no material to support adverse

inference - whether an irrelevant consideration.

Administrative Decisions (Judicial Review) Act 1977 Ss.

5(1)(a), 5(1)(e), 5(2)(a) Migration Act 1958 ss. 6A, 18

CHAN YEE KIN, SOO CHENG LEE & KELLY KAR CHUN CHAN V THE

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

VG 320 of 1984

KEELY J.

MELBOURNE

4 DECEMBER, 1987

{" . . ~ 7 DEC 1987

te OF

[era Ww ty

J . GENERAL DISTRIBUTION NOT REQUIRED

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 320 of 1984

wee Se

GENERAL DIVISION

BETWEEN:

CHAN YEE KIN First applicant

SOO CHENG LEE Second applicant

AND

KELLY KAR CHUN CHAN (an infant who brings his claim by his next friend and mother Soo CHENG LEE)

Third applicant

AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent 4 DECEMBER, 1987 KEELY J. MINUTES OF ORDER THE COURT ORDERS THAT: 1. The decisions of the respondent, dated 20 April 1986,

refusing to grant further temporary entry permits and

(Note:

2.

permanent resident entry permits to the first named and

second named applicants be set aside.

The orders made by the respondent, on 20 April 1986,

for the deportation of the first named and second named

applicants be set aside.

The applications by the first named and second named applicants for further temporary entry permits and for permanent resident entry permits be referred to the respondent for further consideration in the light of

the reasons for judgment.

The respondent pay the costs of the first named, second

named and third named applicants.

Settlement and entry of orders 1s dealt with in Order

36 of the Federal Court Rules)