R v Snedden; Ex parte Ng Chong Sun [1969] HCA 20

R v Snedden; Ex parte Ng Chong Sun [1969] HCA 20

Because Ng Chong Sun knowingly and voluntarily signed a completed document requesting a further entry permit for one month, the permit granted on 12th July 1968 was issued at his request and was valid under s. 7(2). When it expired on 12th August 1968 he became a prohibited immigrant, making the deportation order under s. 18 valid. Section 7(4) did not assist him because it requires a continuous five-year period as a prohibited immigrant, and no such continuous period had elapsed before the July 1968 permit was granted.

Jurisdiction
Australia
Procedural Posture
Habeas Corpus Application Arising From Migration Deportation Order / Appeal From an Order Making Absolute an Order Nisi for Habeas Corpus
Outcome
Appeal allowed; order making absolute the order nisi for habeas corpus set aside; order nisi discharged with costs.
Legal Topics
['temporary Entry Permits' 'prohibited Immigrant Status' 'deportation Orders' 'request Requirement for Further Entry Permit' 'five Year Period Under S. 7(4) of the Migration Act']
['immigration Law' 'administrative Law' 'habeas Corpus'] ['temporary Entry Permits' 'prohibited Immigrant Status' 'deportation Orders' 'request Requirement for Further Entry Permit' 'five Year Period Under S. 7(4) of the Migration Act']

Case Brief

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Procedural Posture

Habeas Corpus Application Arising From Migration Deportation Order / Appeal From an Order Making Absolute an Order Nisi for Habeas Corpus

Legal Issues

  1. 1 ['Whether the temporary entry permit granted on 12th July 1968 was granted at the request of Ng Chong Sun within s. 7(2) of the Migration Act 1958-1966 Cth.' 'Whether Ng Chong Sun was a prohibited immigrant on 24th December 1968 when the Minister made the deportation order under s. 18.' 'Whether the five-year period in s. 7(4) ran from an earlier period when Ng Chong Sun became a prohibited immigrant, notwithstanding later temporary entry permits.']

Ratio Decidendi

Because Ng Chong Sun knowingly and voluntarily signed a completed document requesting a further entry permit for one month, the permit granted on 12th July 1968 was issued at his request and was valid under s. 7(2). When it expired on 12th August 1968 he became a prohibited immigrant, making the deportation order under s. 18 valid. Section 7(4) did not assist him because it requires a continuous five-year period as a prohibited immigrant, and no such continuous period had elapsed before the July 1968 permit was granted.

Court Disposition

Appeal allowed; order making absolute the order nisi for habeas corpus set aside; order nisi discharged with costs.

Orders

  • ['Order absolute. Respondent to pay the costs of the prosecutor.' 'Appeal allowed with costs.' 'Order of Mr. Justice Taylor set aside and in lieu thereof order that the order nisi for habeas corpus be discharged with costs.']