Wun, C.S. v Minister for Immigration & Ethnic Affairs [1995] FCA 229

CATCHWORDS

PRACTICE AND PROCEDURE - immigration - judicial review of decision to refuse permanent entry visa - application to strike out - abuse of process - tendency to cause prejudice, embarrassment or delay - vexatious application - no reasonable basis for application - res judicata - issue estoppel Administrative Decisions (Judicial Review) Act 1977 (Cth) Migration Regulations 1989 reg4(1) Chu v Minister for Immigration, Local Government, and Ethnic Affairs (1993) 45 FCR 540 Blair v Curran (1939) 62 CLR 464 at 531 Ramsay v Pigram (1968) 118 CLR 271 at 276 Henderson v Henderson (1834) 3 Hare 100 at 115 Port of Melbourne Authority v Anshun Proprietary Limited (1981) 147 CLR 589 at 598 Effem Foods Pty Ltd v Trawl Industries of Australia Pty Ltd (recs and mgrs apptd - in liq) (1993) 115 ALR 377 at 401 No. WAG 115 of 1994 CHU SING WUN v THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Branson J. Perth 11 April 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WAG 115 of 1994 ) GENERAL DIVISION )

B E T W E E N: CHU SING WUN Applicant - and - THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent MINUTES OF ORDER CORAM: Branson J PLACE: Perth DATE: 11 April 1995 THE COURT ORDERS THAT: 1. The Notice of Motion dated 13 January 1995 is dismissed.

2. The respondent (applicant on the Notice of Motion) is to pay the applicant's costs of the Notice of Motion to be taxed if not agreed. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA ) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WAG 115 of 1994 ) GENERAL DIVISION )

B E T W E E N: CHU SING WUN Applicant - and - THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent