Guo v Minister for Immigration & Multicultural Affairs [2000] FCA 146

FEDERAL COURT OF AUSTRALIA

Guo v Minister For Immigration & Multicultural Affairs [2000] FCA 146 MIGRATION – application for review of decision refusing to grant a Business (Long Stay) Class UC, Subclass 457 Visa – delegate failed to have regard to relevant facts – whether it would be futile to remit the matter for further consideration PRACTICE AND PROCEDURE – fraud – alleged against delegate – failure to proceed with allegation – rule of ethics as well as pleading LEGAL PRACTITIONERS – practitioner's duties to Court – when allegations of fraud made Migration Act 1958 (Cth) ss 56, 481(1) Migration Regulations reg 457.223(7) Lek v Minister for Immigration, Local Government and Ethnic Affair (1993) 43 FCR 100 cited Rahim v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 223cited Jaswal v Minister for Immigration and Multicultural Affairs (Tamberlin J, 24 September 1998, unreported) cited Santa Sabina College v Minister for Education (1985) 58 ALR 527applied Nguyen v Minister for Immigration and Multicultural Affairs (1998) 158 ALR 639 cited Minister Administering Crown Lands (Consolidation) Act & Western Lands Act v Tweed Byron Aboriginal Land Council (1990) 71 LGRA 201 (CA NSW)followed Banque Commerciale SA (In Liq) Akhil Holdings Ltd (1990) 169 CLR 279 applied Kavia Holdings Pty Ltd & Another v Wercog Pty Ltd & Another (Santow J, 18 August 1999, unreported) applied Rondel v Worsley (1969) 1 AC 191 cited Y v M (1994) 3 NZLR 581 cited White Industries (Qld) Pty Ltd v Flower & Hart (a firm) (1998) 156 ALR 169 referred to MEI FENG GUO v MINISTER FOR IMMIGRATION & MULTILCULTURAL AFFAIRS NO S 80 OF 1999 O'LOUGHLIN J 23 FEBRUARY 2000 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 80 OF 1999

BETWEEN: MEI FENG GUO

APPLICANT