Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No VG 414 of 1988
GENERAL DIVISION
BETWEEN: YUE HO CHAN (Applicant) AND: THE MINISTER OF STATE FOR
IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS
(Respondent) .
Judge Making Order: Ryan J.
Date of Order: 8 December 1988
Where Made: Melbourne
MINUTES OF ORDER
THE COURT ORDERS:
1. That the application for an order of review be allowed.
2. That the decisions of the respondent, The Minister of
State for Immigration, Local Government and Ethnic
Affairs ("the Minister") :-
(i) to refuse the applicant's application dated 6
October 1988 for resident status
(ii) to deport the applicant
be set aside with effect from this day.
NOTE:
That the matters to which the decisions relate be referred to the Minister for further consideration in the light of the reasons for judgment published this
day.
That the respondent pay the applicant's taxed costs of the application including the costs reserved on 17 November 1988 but not including the costs of the
application for an order that the applicant be released
from detention.
Settlement and entry of orders is dealt with in 0.36 of
the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No VG 414 of 1988 ) GENERAL DIVISION )
BETWEEN: YUE HO CHAN
(Applicant)
ig
THE MINISTER OF STATE FOR
IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS
(Respondent)
Coram: Ryan J
Date: 8 December 1988
Place: Melbourne
REASONS FOR JUDGMENT
The applicant, a Malaysian national, . arrived in Australia on 31 August 1981 as the holder of a_ temporary entry permit. She overstayed that permit, and, on 28 December 1983, married an Australian citizen, Shane Michael Wellington. She thereupon, on 22 February 1984, made application for resident status. On that application, she gave her address as 500 Flinders Street, South Melbourne, which was her husband's then place of employment. She and her then husband have explained that she gave that address
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