Quan v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 764

FEDERAL COURT OF AUSTRALIA

Quan v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 764 ADMINISTRATIVE LAW – jurisdictional error – proper construction of a statute where power conferred by the statute is based on the existence of an opinion

WORDS AND PHRASES - 'contact hours'

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 116 Migration Regulations 1994 (Cth) regs 1.03, 2.43 and Sch 8

Lobo v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 200 ALR 359 referred to Minister for Immigration & Multicultural Affairs v Hou [2002] FCA 574 referred to Minister for Immigration & Multicultural Affairs v Nguyen [2002] FCA 460 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to Plaintiff S157 v Commonwealth of Australia (2003) 195 ALR 24 referred to R v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407 applied LI QUAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N217 of 2004 JACOBSON J 17 JUNE 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N217 OF 2004

BETWEEN: LI QUAN

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON

DATE OF ORDER: 17 JUNE 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be allowed. 2. The decision of the Migration Review Tribunal ('MRT') made on 28 January 2004 be set aside. 3. The matter be remitted to the MRT to be determined according to law. 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 N217 OF 2004

BETWEEN: LI QUAN

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS