Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lee v Minister for Immigration and Citizenship [2009] FCA 977
MIGRATION – applications made for Business Skills (Residence) (Class DF) visas – applications refused on the grounds that the appellants had a history of involvement in business activities that are of a nature that is not generally acceptable in Australia – whether cl 892.214 in Schedule 2 of the Migration Regulations 1994 (Cth) which proscribes such involvement is invalid because it is overly wide, vague and uncertain – held that cl 892.214 is capable of meaningful determination and a valid exercise of the delegated power in s 31(2) of the Migration Act 1958 (Cth) – whether the Migration Review Tribunal misconstrued a test of "not generally accepted in Australia" with a test of "unlawful in Australia" – held that the Tribunal characterised the activities as, first, being "likely to be offensive to a large section of the Australian population", and secondly, as being "unlawful" - Tribunal did not misapply cl 892.214 – appeal dismissed Migration Act 1958 (Cth) – ss 31(2), 476 Migration Regulations 1994 (Cth) – cl 892.214 in Schedule 2 City of Brunswick v Stuart (1941) 65 CLR 88 – cited Evans v New South Wales (2008) 168 FCR 576 – relied on Ireland v Wilson (1936) All ER 358 - discussed King Gee Clothing Company Pty Ltd v Commonwealth (1945) 71 CLR 184 – referred to Merrell v Roberts (1909) 26 WN (NSW) 73 - discussed R v Goreng-Goreng (2008) 220 FLR 21 – referred to GI WUN LEE, ME HWA SIN, NA MI LEE and HUN JUN LEE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
NSD 1947 of 2008
SPENDER J
28 AUGUST 2009
BRISBANE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1947 of 2008
GENERAL DIVISION
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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