Ping, L.S & Anor v Minister for Immigration, Local Government & Ethnic Affairs [1995] FCA 212

CATCHWORDS MIGRATION - reconsideration of reasons given by Full Court for allowing appeal - no orders made by Court when reasons delivered - Court's attention not drawn to significant evidence - withdrawal of Court's earlier reasons - whether matter to be referred for reconsideration to Refugee Review Tribunal or to the Minister. Migration Act 1958, ss. 118(5), 411-414. Migration Reform Act 1992, s.39 Migration Laws Amendment Act 1993, s.6 Migration Laws Amendment Act 1994

LI SHI PING & LIU XIU LING v MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS No. WAG98 of 1994 CORAM: SHEPPARD, GUMMOW, CARR JJ PLACE: PERTH DATE: 13 April 1995

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIAN DISTRICT REGISTRY ) No. WAG98 of 1994 GENERAL DIVISION ) On appeal from a Judge of the Federal Court of Australia. BETWEEN: LI SHI PING and LIU XIU LING Appellants AND: MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS Respondent

MINUTE OF ORDERS BEFORE: SHEPPARD, GUMMOW, CARR JJ PLACE: PERTH DATE: 13 APRIL 1995 THE COURT ORDERS THAT: 1. In the case of the appellant Li Shi Ping the appeal be dismissed. 2. The appellant Li Shi Ping pay to the respondent his costs of the appeal and of the respondent's notice of motion of 13 December 1994 in so far as they concerned the appellant Li Shi Ping. 3. There be otherwise no order in respect of the notice of motion of 13 December 1994 in so far as it concerned the appellant Li Shi Ping. 4. The orders made by Drummond J on 19 August 1994 in relation to the appellant Liu Xiu Ling be varied by:- (a) omitting para 4 of the orders and substituting therefor an order in the following terms: "4. The matter be remitted to the Refugee Review Tribunal to be heard and determined according to law." (b) Adding a further order as follows:- "5. It be declared that the Refugee Review Tribunal in addition to any other matters it is required by law to take into account take into account both the matter referred to in the reasons for judgment of Drummond J published on 19 August 1994 and the further matter dealt with in the reasons of this Court published on 28 November 1994 and today." 5. The appeal, in so far as it concerned the appellant Liu Xiu Ling, be otherwise dismissed. 6. The notice of motion of 13 December 1994, in so far as it concerned the appellant Liu Xiu Ling be dismissed. 7. The respondent pay to the appellant Liu Xiu Ling one-half of the costs of the appeal and of the notice of motion in so far as they concerned the appellant Liu Xiu Ling. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.