Federal Court of Australia
UUDGMENT NO. snsnncde 2/2
CATCHWORDS
IMMIGRATION LAW - applications for permanent entry permits - applications must be made "after entry" - applications made while applicant in custody under s.89(2) Migration Act 1958 - meaning of "after entry" - effect of departure from Australia since initial entry - whether words mean initial entry to Australia or most recent entry.
IMMIGRATION LAW - application of cl.816.724(2) Migration (1993) Regulations - effect of deemed cancellation of applicant's visa upon return to Australia.
Migration Act 1958, s.89(2), s.89(8)(a) Migration (1993) Regulations, c1.816.511, c1.816.724(2), c1.816.722(1).
Khoshabeh v Minister for Immigration, Local Government and Ethnic Affairs (1994) 122 ALR 453.
v_ Minister for Immigration, Local vernment and Ethnic
Affairs and Cthers (1992) 109 ALR 559.
E WEN v_MINISTER FOR IMMIGRATION AND ETHNIC AFFAIR:
No. NG 425 of 1994
Sackville J. 25 OCT 1994 19 October 1994 FEDERAL COURT OF
Sydney. AUSTRALIA PRINCIPAL
FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 425 of 1994 GENERAL DIVISION )
BETWEEN: GE WEN JUN Applicant AND:
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 19 OCTOBER, 1994
MI E F ORDER
THE COURT ORDERS THAT:
1. The decision of the respondent be set aside.
2. The matter be remitted to the respondent for determination according to law.
3. The respondent pay the applicant's costs.
N 2 Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY ) No.NG 425 of 1994 GENERAL DIVISION )
~
BETWEEN: GE WEN JUN Applicant AND:
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent.
CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 19 OCTOBER 1994
REASONS FOR JUDGMENT
Introduction
The applicant seeks review under the Administrative Decisions {Judicia] Review) Act 1977 of the decision of the respondent, made on 10 June 1994, to refuse the applicant a Class 816 Special (Permanent) Entry Permit and a Class 818 Highly Qualified On- Shore (Permanent) Entry Permit. The applicant applied for those permits on 11 March 1994. At that time (and at all times since 13 October 1993) the applicant was in custody, having been
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