Leung v Minister for Immigration and Multicultural Affairs [2001] FCA 1691

FEDERAL COURT OF AUSTRALIA

Leung v Minister for Immigration and Multicultural Affairs [2001] FCA 1691 MIGRATION – application for review of a decision of the Migration Review Tribunal to refuse applicant a Resolution of Status (Temporary) (Class UH) Visa – whether applicant satisfied the criteria specified in cl 850.21 of Sch 2 of the Migration Regulations – whether applicant was a citizen of the People's Republic of China immediately before the date of entry to Australia – whether applicant was 'usually resident' in the People's Republic of China immediately before the date of entry to Australia – whether at the material time the applicant was voluntarily residing in Hong Kong – whether the Tribunal erred in failing to consider the issue of voluntariness – whether Hong Kong is a 'country' for the purpose of cl 850.21 of Sch 2 of the Migration Regulations – whether Hong Kong was within and part of the country which is the People's Republic of China for the purpose of cl 850.21 of Sch 2 of the Migration Regulations.

Migration Act 1958 (Cth) ss 31(1)(3), 65(1) R v Barnet London Borough Council; ex parte Shah [1983] 2 AC 309 applied Gauthiez v Minister for Immigration and Ethnic Affairs (1994) 53 FCR 512 applied Koe v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 289 considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Yusuf v Minister for Immigration and Multicultural Affairs [2001] 180 ALR 1 applied WAI YUK LEUNG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 71 of 2001 MANSFIELD J ADELAIDE 3 DECEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 71 OF 2001

BETWEEN: WAI YUK LEUNG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT