Vincent Tze Ching Leung & Anor v Minister for Immigration & Multicultural Affairs [1997] FCA 331

CATCHWORDS IMMIGRATION LAW - citizenship - decision of Minister to grant certificates of Australian citizenship - subsequent investigation by officers of DIEA into allegations of misleading statements contained in applications for citizenship - Minister's decision to grant certificate revoked - whether the Minister had power to re-exercise his discretion to revoke decision to grant certificate - whether s33(3) Acts Interpretation Act empowered the Minister to revoke certificate Acts Interpretation Act 1901 s 33(3) Administrative Appeals Tribunal Act 1975 s 44 Australian Citizenship Act 1948 ss 13, 15, 17, 18, 19, 21, 50 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Barton v Croner Trading Pty Ltd (1984) 3 FCR 95 Comptroller-General of Customs v Kawasaki Motors Pty Ltd (1991) 32 FCR 219 Export Development Grants Board v EMI (Australia) Ltd (1985) 61 ALR 115. Minister for Immigration, Local Government and Ethnic Affairs v Kurtovic (1990) 92 ALR 93 Re Brian Lawlor Automotive Pty Ltd and Collector of Customs (New South Wales) (1978) 1 ALD 167 Sloane v Minister for Immigration, Local Government and Ethnic Affairs (1992) 28 ALD 480 Smith-Davidson v Minister for Immigration, Local Government and Ethnic Affairs (1993) 30 ALD 871 VINCENT TZE CHING LEUNG and ANNA CHUI MEI WONG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS No.VG 516 of 1996 Marshall J Melbourne 2 May 1997

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) GENERAL DIVISION ) No. VG 516 of 1996 BETWEEN: VINCENT TZE CHING LEUNG and ANNA CHUI MEI WONG Applicants AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent CORAM: Marshall J PLACE: Melbourne DATE: 2 May 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The applicants pay the respondent's costs of the appeal. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules.