Federal Court of Australia
1 ' -
5 ' aK
' JUDGMENT No. 2 23.2.8. S.cue
CATCHWORDS
ADMINISTRATIVE LAW —- Judicial review - Immigration - Decisions refusing temporary and permanent resident entry permits and ordering deportation - Applicant entered Australia on visitor's visa for three months - Faizlure to depart at expiration of period — Whether decisions based on finding that applicant was not a bona fide visitor at the time of entry to Australia.
ADMINISTRATIVE LAW ~— Judicial review - Immigration - Decision refusing refugee status - Whether an exercise of power so unreasonable that no reasonable person could have so exercised it.
Administrative Decisions (Judicial Review) Act 1977 (Cth),
ss.5(1)(a), 5(i)(e), 5(2)(ay, S52) (9) Migration Act 1958 (Cth)
THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS v. CHAN YEE KIN and ORS
V G 487 of 1987 Vv G 488 of 1987
Sweeney, Jenkinson and Neaves JJ. 18 July 1988
Melbourne
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No. V G 488 of 1987 GENERAL DIVISION )
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: THE MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS
Appellant AND: CHAN YEE KIN First Respondent SOO CHENG LEE Second Respondent KELLY KAR CHUN CHAN (aninfant, by
Ris next friend and mother Soo Cheng Lee)
Third Respondent
MINUTE OF ORDER
THE COURT Sweeney, Jenkinson and Neaves JJ.
DATE OF ORDER 18 July 1988
WHERE MADE : Melbourne
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The judgment given on 4 December 1987 be set aside and in lieu thereof it be ordered that the application be dismissed with costs.
3. The respondents pay to the appellant his costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
VICTORIA DISTRICT REGISTRY } No. V G 487 of 1987 GENERAL DIVISION )
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