Kim Sang Keun v The Minister for Immigration and Ethnic Affairs [1995] FCA 804

CATCHWORDS IMMIGRATION - judicial review - decision refusing extended eligibility (family) entry permit, child (after entry) entry permit and associated processing entry permits - permits sought on grounds of financial and psychological "dependency" - the requirement of "substantial" dependency discussed - function of processing entry permit - notation on further visitor entry permit "no residence" not effective to subject permit to conditions set out in s. 33(4) Administrative Decisions (Judicial Review) Act 1977 (Cth) Migration Act 1958 (Cth) - ss 4, 13, 14, 22, 33, 34, 47, 59, 60, 82, 92 Migration Regulations 1989 (Cth) - regs 2, 21, 22A, 22B, 28, 34A, 127, 131, 136, 178, 179 Cases Considered Altintas v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 588 Commissioner for Superannuation v Scott (1987) 13 FCR 404 Enichem Anic Srl v Anti-Dumping Authority (1992) 111 ALR 178 Scurr v Brisbane City Council (1973) 133 CLR 242 Shell's Self Service Pty Ltd v Deputy Commissioner of Taxation (1989) 98 ALR 165 Kim Sang Keun v The Minister for Immigration and Ethnic Affairs VG 384 of 1993 Drummond J Brisbane (Heard in Melbourne) 9 October, 1995

IN THE FEDERAL COURT OF AUSTRALIA) No. VG 384 of 1993 VICTORIA DISTRICT REGISTRY ) GENERAL DIVISION ) BETWEEN: KIM SANG KEUN Applicant AND: THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent MINUTES OF ORDERS JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 9 October, 1995 WHERE MADE: Brisbane (Heard in Melbourne) THE COURT ORDERS THAT: 1. The application for the review of the decision of the respondent's delegate not to grant the applicant the extended eligibility (family) entry permit is dismissed. 2. Leave be granted to the applicant to amend his amended application dated 28 September, 1995 to seek a review of the decision of the respondent's delegate not to grant to the applicant the processing entry permit which the applicant was deemed, pursuant to reg. 22A, to have made on 22 January, 1993. 3. The decisions of the respondent's delegate not to grant the applicant the child (after entry) entry permit and the processing entry permit ancillary to the application for that permanent entry permit are set aside. THE COURT DECLARES THAT: 4. The applicant as the holder of further visitor entry permit No. 6795005617E1 was, on 22 January, 1993, the date of his application for the permanent entry permit then sought, viz., the child (after entry) entry permit, the holder of a valid temporary entry permit within the meaning of that term in s. 47(1) the Migration Act 1958 (Cth). THE COURT DIRECTS THAT: 5. The applicant's applications for the permits referred to in Order 3 be remitted to the respondent for reconsideration. 6. The respondent, in reconsidering the applications, have regard to any relevant information produced by the applicant additional to that put before the respondent by the applicant with his application of 22 January, 1993. THE COURT FURTHER ORDERS THAT: 7. The respondent pay the applicant's costs of and incidental to the proceedings. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.