Fang, W.Y. & Ors v Minister for Immigration & Ethnic Affairs & Anor [1995] FCA 544

CATCHWORDS Immigration - refugees - safe third country in relation to a non-citizen - legislation making application by certain non-citizens for a protection visa invalid after 30 December 1994 - whether constructive applications made by applicants before that date. Human Rights and Equal Opportunity Commission Act 1986 (Cth) Migration Act 1958 (Cth) Federal Court of Australia Act 1976 (Cth) Judiciary Act 1901 (Cth) Migration Legislation Amendment Act (No 2) 1995 Migration Legislation Amendment Act (No 4) 1994 Migration Regulations (Amendment) Statutory Rules 1995 No 3 Guo Wei Rong v Minister for Immigration and Ethnic Affairs (unreported: judgment delivered 4 May 1995) Perlak Petroleum Maatschappij v Deen [1924] 1 KB 111 Chan Yee Kun v Minister for Immigration and Ethnic Affairs (1989-1990) 169 CLR 379 Wu Shang Liang v Minister for Immigration (unreported: Full Court judgment delivered 23 June 1995) Makisi v Minister for Immigration and Ethnic Affairs (unreported: judgment delivered 10 January 1995) Hamilton and McMurray v Minister for Immigration and Ethnic Affairs (1994) 53 FCR 349 Minister for Immigration and Ethnic Affairs v Polat (unreported: Full Court judgment delivered 13 April 1995) Formosa v Secretary, Department of Social Security (1988) 81 ALR 687 Matter No. DG4 of 1995 WU YU FANG & ORS v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS and COMMONWEALTH OF AUSTRALIA O'LOUGHLIN J ADELAIDE (Heard in Perth & Port Hedland) 27 JULY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NORTHERN TERRITORY DISTRICT REGISTRY) ) GENERAL DIVISION ) No. DG4 of 1995 B E T W E E N: WU YU FANG & ORS Applicants - and - MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS First Respondent AND COMMONWEALTH OF AUSTRALIA Second Respondent MINUTES OF ORDER JUDGE MAKING ORDER : O'LOUGHLIN J. WHERE MADE : ADELAIDE (Heard in Perth & Port Hedland) DATE OF ORDER : 27 JULY 1995 THE COURT ORDERS THAT: 1.The application be dismissed. 2.As to consequential issues, the matter be adjourned sine die. 3.Liberty to any party to bring the matter back for any further hearing on seven days notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.