Won, Jean Hee v Minister for Immigration & Multicultural Affairs [1998] FCA 268

FEDERAL COURT OF AUSTRALIA

IMMIGRATION - applicants detained under s 192 Migration Act on suspicion visas might be cancelled - visas of applicants cancelled - applicants detained as "unlawful non-citizens" under s 189 - applicants applied for bridging visas - visas refused - review of decision to refuse bridging visas sought before Immigration Review Tribunal - Tribunal upheld Minister's decision - Court asked to determine legality of original detention and of Tribunal's decision re bridging visas - futility of final relief claimed as to review of Tribunal's decision and of interim relief as to allegedly unlawful initial detention - no real issue to be tried as to legality of detention ADMINISTRATIVE LAW - assuming error of law, Court unable to determine matter finally where personal satisfaction of primary decision-maker is required: Court must remit the matter for further consideration by Tribunal Migration Act 1958 (Cth), s189, s192 Minister for Immigration & Multicultural Affairs v Guo Wei Rong (High Court of Australia, unreported, 13 June 1997), applied JEAN HEE WON AND ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 218 of 1998 MADGWICK J SYDNEY 24 MARCH 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 218 of 1998

BETWEEN: JEAN HEE WON

FIRST Applicant

YOUN HWA KIM

SECOND APPLICANT

SOO HYUN LEE

THIRD APPLICANT

EUN SOOK JEONG

FOURTH APPLICANT

KAE HEE KIM

FIFTH APPLICANT

OK LIM HOANG

SIXTH APPLICANT

MI SUN MOON

SEVENTH APPLICANT

MI YON CHONG

EIGHTH APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS