Teo, D. v. The Minister for Immigration & Ethnic Affairs [1994] FCA 778

JUDGMENT NO. sede Seuncl Lote

CATCHWORDS

ADMINISTRATIVE LAW )

IMMIGRATION ) Appeal from Immigration Review Tribunal - construction of reg. 131A(1)(d)(v) of Migration (1989) Regulations - "compassionate ground" - "extreme hardship or irreparable prejudice" - alternative nature of ground - beneficial ground requiring generous construction - requirement of proper consideration of the merits of the case —- unreasonableness of decision - failure to take account of relevant considerations.

WORDS AND PHRASES - "extreme hardship or irreparable prejudice" - "compassionate ground".

Migration (1989) Regulations, xr. 131A(1)(d)(v)

Teoh v. Minister for Immigration, Local Government and Ethnic Affairs (1994) 121 ALR 436

Prasad v. Minister for Immigration, Local Government and Ethnic Affairs (1993) 30 ALD 856

Fuduche v. Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 515

Chen v. Minister for Immigration and Ethnic Affairs (1994) 123 ALR 126

Moskal v. Minister for Immigration, Local Government and Ethnic Affairs (Foster J., unreported, 4 October 1994) Kobayashi v. Minister for Immigration and Ethnic Affairs (Hill J., unreported, 25 May 1994)

Choi v. Minister for Immigration, Local Government and Ethnic Affairs (1992) 29 ALD 826

Choi v. Minister for Immigration, Local Government and Ethnic Affairs (1993) 33 ALD 335

Ali v. Minister for Immigration, Local Government and Ethnic Affairs (1992) 38 FCR 144

Roser v. Immigration Review Tribunal (1991) 25 ALD 443 Pattanasri v. Minister for Immigration, Local Government and Ethnic Affairs (Burchett J., unreported, 25 November 1993) Collector of Customs v. Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280

Chan Yee Kin v. The Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379

Mensa v. Minister for Immigration, Local Government and Ethnic Affairs (1993) 31 ALD 301