Chew, T.K. & Ors v. The Minister for Immigration & Ethnic Affairs [1994] FCA 1053

: _ JUDGMENT No. ..LQ53-ch4.,

CATCHWORDS

MIGRATION - tutor appointed for mentally incapable applicant - whether Minister failed to appreciate the difference between voluntary and involuntary return to Cambodia embodied in the Resolution of the Supreme National Council (SNC) - whether argument should have been allowed on the SNC resolution when it became available - whether the SNC resolution was correctly interpreted - whether lack of guarantees by Cambodian authorities concerning treatment of involuntary returners required consideration - applicant subsequently returned to

Cambodia — appeal academic execpt as to costs.

Federal Court of Australia Act 1976, Part IVA

Migration Act 1958, s115(5)

TAING KAY CHEW, LEK KIM SROUN, LIM HOUR v THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

G857 of 1993 G860 of 1993 G866 of 1993

RECEIVED 12 JAN 1995

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

BLACK CJ, LOCKHART and SHEPPARD JJ. 22 DECEMBER 1994 SYDNEY

,

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

No. G860 of 1993

) ) ) No. G857 of 1993 ) ) No. G866 of 1993

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: TAING KAY CHEW LEK KIM SROUN LIM HOUR Appellants AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent COURT: Black C.J., Lockhart and Sheppard JJ. DATE: 22 December 1994 PLACE: Sydney MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The appeal of Lim Hour be allowed; 2. The Minister for Immigration and Ethnic Affairs pay one-

third of the costs of Lim Hour of the appeal;

3. Leave be reserved to Lim Hour or the Minister to restore

this appeal to the list within fourteen days of today if

further argument is sought to be put on behalf of Lim

Hour on any remaining questions including any further

orders that are sought to be made on the appeal including