Lim, C.L. v Minister for Immigration & Ethnic Affairs [1995] FCA 586

CATCHWORDS IMMIGRATION - Appeal from a decision of the Immigration Review Tribunal - Application for a December 1989 (temporary) entry permit on compassionate grounds - Reg.131A(1)(d)(v) of the Migration (1989) Regulations - meaning of "extreme hardship" and "irreparable prejudice" - whether compassionate grounds established

Migration Act 1958 ss.123, 138 Migration (1989) Regulations regs 131A, 142C

Cases considered Minister for Immigration and Ethnic Affairs v Daphne Teo, unreported, Black CJ, Gummow, and Beazley JJ, Federal Court of Australia, 13 April 1995 Buck v Bavone (1976) 135 CLR 110 Kioa v West (1985) 159 CLR 550 Ali v Minister for Immigration, Local Government and Ethnic Affairs (1992) 38 FCR 144 Prasad v Minister for Immigration, Local Government and Ethnic Affairs (1993) 30 ALD 856 Mendoza v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 405 Min Jung v Minister for Immigration and Ethnic Affairs, Moore J, unreported, 16 November 1994 Sukhedi Horvath v Minister for Immigration and Ethnic Affairs (1995) 35 ALD 422 Broussard v Minister for Immigration and Ethnic Affairs (1989) 21 FCR 472 Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 Amerasinghe v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 30 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 CHING LEONE LIM v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No. NG 919 of 1994 BEAUMONT, EINFELD, R.D. NICHOLSON JJ., SYDNEY 8 AUGUST 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG919 of 1994 ) GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: CHING LEONE LIM Appellant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent

CORAM: BEAUMONT, EINFELD, NICHOLSON JJ DATE: 8 August 1995 PLACE: SYDNEY MINUTES OF ORDER