Chan, M.L. v. Minister for Immigration & Ethnic Affairs [1988] FCA 79

r 9 on JUDGMENT No, AT BB i. CATCHWORDS ADMINISTRATIVE LAW - immigration - application to review decisions to refuse entry permits and to deport - applicant

misled by departmental officer into believing that required

to "elect" between applying for permanent residence and

seeking voluntary departure - representations in favour of voluntary departure not made - whether failure to take into account relevant considerations - whether failure to accord

natural justice

Administrative Decisions (Judicial Review) Act 1977

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

MUI LIE CHAN v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

VG 57 OF 1987

4 MARCH, 1988

MELBOURNE

KEELY J.

re

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) No. VG 57 of 1987 ) )

GENERAL DIVISION

BETWEEN: MUI LIE CHAN Applicant AND =:

MINISTER FOR IMMIGRATION AND ETHNIC

AFFAIRS Respondent JUDGE MAKING ORDER: KEELY J. WHERE ORDER MADE: MELBOURNE DATE OF ORDER: 4 MARCH, 1988

MINUTES OF ORDER

THE COURT ORDERS THAT:

The decision of Keith Owen, dated 12 March 1987, that

the applicant be deported from Australia be set aside.

The matter of whether an order should be made that the applicant be deported from Australia be referred for further consideration by the respondent, who is

directed to have regard to such material and

2.

submissions as the applicant lodges with' the

respondent within 21 days from the date hereof.

3. The respondent Minister pay two-thirds (2/3) of the

coss of the applicant, Mui Lie Chan, relating to these

proceedings.