Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zhou v Minister for Immigration & Multicultural Affairs
[2000] FCA 811
HUI YING ZHOU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 194 OF 2000
GYLES J
SYDNEY
16 JUNE 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 194 OF 2000
BETWEEN: HUI YING ZHOU
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 16 JUNE 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The proceedings be adjourned for further argument. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 194 OF 2000
BETWEEN: HUI YING ZHOU
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: GYLES J
DATE: 16 JUNE 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application seeking to set aside the decision of the Refugee Review Tribunal ("RRT") in affirming the decision of the Minister's delegate not to grant the applicant a protection visa. 2 The applicant arrived in Australia on 23 October 1997, carrying a passport issued by the Republic of Korea (South Korea) in the name of Son Sook Rye, having entered under the Electronic Transit Authority ("ETA") scheme after obtaining an ETA during a short stay in Singapore. She was granted a three month visitor visa on arrival. She applied for, and was granted, an extension to her visitor visa on 19 January 1998. She applied for a further extension of her visa, but this was refused on 1 April 1998. Accordingly, her visa expired on 26 March 1998. 3 The applicant was detained by the Department as a result of compliance action, having been found working. She applied for a protection visa whilst in detention. On 29 April 1998 the Minister's delegate refused the grant of a protection visa to the applicant. On 3 May 1998 the applicant applied to the RRT for review of the delegate's decision. The RRT gave its decision, affirming the delegate's decision not to grant a protection visa, on 3 June 1998. 4 Following an application for judicial review of the RRT's decision, and an appeal from the judgment of a single judge of the Federal Court of Australia, the Full Court of the Federal Court made orders on 23 March 1999, inter alia, setting aside the RRT's decision and remitting the matter to the Tribunal, differently constituted, for decision according to law. 5 On remittal, the (differently constituted) RRT held hearings in respect of the applicant's application on 20 July 1999 and 22 September 1999. 6 The RRT gave its decision, once again affirming the delegate's decision not to grant a protection visa, on 10 February 2000.
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