Lin v Minister for Immigration & Multicultural Affairs [2001] FCA 283

FEDERAL COURT OF AUSTRALIA

Lin v Minister for Immigration & Multicultural Affairs [2001] FCA 283

MIGRATION – judicial review – whether the Migration Review Tribunal was satisfied that the applicant "is making", or is the subject of, acceptable arrangements to depart Australia – whether Tribunal erred in considering the stage at which any such arrangements had reached – whether Tribunal had erred by requiring the applicant to have a passport or identity document and an airline ticket – whether the Tribunal erred in taking into account the genuineness of the applicant's expressed intention to depart Australia – whether the Tribunal relied on Regulations that had been repealed and a policy which had been replaced – Tribunal did not rely on repealed Regulations – substituted policy was in identical terms – application dismissed.

Migration Act 1958 (Cth) s 476(1)(c) and (e), (3)(d) Migration Regulations 1994 Schedule 2, 050.212(2) Tutugri v Minister for Immigration and Multicultural Affairs [1999] FCA 1785 referred to Ahmed v Minister for Immigration and Multicultural Affairs [1999] FCA 430 referred to Arkan v Minister for Immigration and Multicultural Affairs [2000] FCA 1134 referred to Rokobatini v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 583 referred to LIN LI QUN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 216 of 2000 CARR J 20 MARCH 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 216 OF 2000

BETWEEN: LIN LI QUN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 20 MARCH 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.