Federal Court of Australia
JUDGMENT No. 00/8 yp 24.
CATCHWORDS IMMIGRATION - judicial review - deportation - allegedly false or
misleading representations® in migration application forms -
failure to disclose child's autism - no knowledge that representations were false - objective test - construction of question
Migration Act 1958 (Cth) ss 14(2), 20 Migration (1993) Regulations rr 2.3, 7.15, Schedule 6
Administrative Decisions (Judicial Review) Act 1977 (Cth) s
5(1)(e),(2)(£) Judiciary Act 1903 (Cth) s39B
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Minister for Immigration, Local Government and Ethnic Affairs v Dela Cruz (1992) 34 FCR 348
Water Board v Moustakas (1988) 77 ALR 193
Minister for Immigration and Ethnic Affairs v Naumovska (1983) 88 ALR 589
Siu Kee Wong and Yolanda Lai Chi Wong vw The Minister for
Immigration and Ethnic Affairs (No. WG 52 of 1994)
Judge: Heerey J Date: 21 December 1994
Place: Melbourne (heard in Perth) RECEIVED
22 DEC 1994
FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTRY
IN_THE FEDERAL COURT OF AUSTRALTA
VICTORIA DISTRICT REGISTRY ) No. WG 52 of 1994 -. ) GENERAL DIVISION Sg )
BETWEE N:
SIU_ KEE WONG and YOLANDA LAI CHIL WONG Applicants - and -
THE MINISTER FOR IMMIGRATION AND E'THNIC AFFAIRS
Respondent JUDGE : Heerey J DATE: 21 December 1994 PLACE : Melbourne (heard in Perth) MINUTE OF ORDERS The Court orders: 1. The decision and deportation orders dated 22 April 1994 be quashed. 2. The respondent pay the costs of the applicants, including reserved costs. NOTE: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA
~w X
VICTORIA DISTRICT REGISTRY ) No. WG 52 of 1994 ) GENERAL DIVISION ~g )
BETWEE N: SIU KEE WONG and YOLANDA LAT CHI WONG Applicants - and -
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent JUDGE = Heerey J DATE: 21 December 1994 PLACE: Melbourne (heard in Perth)
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