Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Weng v Minister for Immigration and Citizenship (No 3) [2011] FCA 654 Citation: Weng v Minister for Immigration and Citizenship (No 3) [2011] FCA 654
Appeal from: Weng v Minister for Immigration & Anor [2010] FMCA 670
Parties: WUYUE WENG v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 1255 of 2010
Judge: MCKERRACHER J
Date of judgment: 9 June 2011
Date of hearing: Determined on the papers
Date of last submissions: 20 May 2011
Place: Perth
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 19
Counsel for the Appellant: R Beech-Jones SC with J Smith
Solicitor for the Appellant: Kinslor Prince Lawyers
Counsel for the First Respondent: J Potts
Solicitor for the First Respondent: Clayton Utz
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1255 of 2010
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: WUYUE WENG
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J DATE OF ORDER: 9 JUNE 2011 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. A writ of certiorari issue to quash the decision of the second respondent made on 29 January 2010. 3. A writ of mandamus issue directing the second respondent to consider the application according to law. 4. A writ of prohibition issue restraining the first respondent from acting, or giving effect to the decision made by the second respondent on 29 January 2010. 5. The first respondent do pay two-thirds of the appellant's costs of the appeal to be taxed or agreed. 6. All other costs orders in this appeal and in the Federal Magistrates Court do stand. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
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