Chen v Minister for Immigration and Multicultural Affairs [2000] FCA 1901

FEDERAL COURT OF AUSTRALIA

Chen v Minister for Immigration and Multicultural Affairs [2000] FCA 1901

MIGRATION – review of decision of Immigration Review Tribunal – whether new ground of law should be permitted to be argued on appeal – whether Tribunal addressed the case raised by the material before it – whether Tribunal addressed the statutory requirement concerning the qualifications and experience necessary for the applicants to be licensed as a customs agent

Migration Act 1958 (Cth) ss 93(1), 475 and 476 Customs Act 1901 (Cth) ss 183C, 183CC, 183CC(1)(a)(ii), 183CC(2), 183CC(2)(a), 183CC(2)(b), 183CC(3) and 183CC(5)

Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 186 – referred to Estate Agents Board v Nakic [1983] 2 VR 570 – referred to Dornan v Riordan (1990) 24 FCR 564 - referred to Jones v Minister for Immigration (1995) 63 FCR 32 – applied R v Refshauge (1976) 11 ALR 471 – applied Estate Agents Board v Nakic [1983] 2 VR 570 at 577 – referred to Ferriday v Repatriation Commission (1996) 42 ALD 526 – applied H v Minister for Immigration and Multicultural Affairs [2000] FCA 1348 – referred to Coulton v Holcombe (1986) 162 CLR 1 – referred to Paramanathan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 – referred to Satheeskumar v Minister for Immigration and Multicultural Affairs [1999] FCA 1285 – referred to Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 – referred to Grant v Repatriation Commission (1999) 57 ALD 1 – referred to Brew v Repatriation Commission (1999) 94 FCR 80 – referred to Wang v Minister for Immigration and Multicultural Affairs [2000] FCA 1599 – referred to Baxter Healthcare Pty Limited v Comptroller-General of Customs (1997) 72 FCR 467 – referred to

LIXIN CHEN AND ANOTHER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS