GABRIEL V. GUN KOW 8/1924

GABRIEL V. GUN KOW 8/1924

The Magistrate erred in dismissing the complaint due to insufficient evidence; the appeal is allowed and the order of dismissal is set aside.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Dictation Test, Entry of Crew Members, Evidentiary Sufficiency
Immigration Dictation Test Entry of Crew Members Evidentiary Sufficiency

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent entered the Commonwealth as a crew member of the Pequot.
  2. 2 Whether the evidence was sufficient to establish entry under subsection 2 of section 5 of the Immigration Act 1901-1920.
  3. 3 Whether subsection 3 of section 5 of the Act applied given the evidence.

Ratio Decidendi

The Magistrate erred in dismissing the complaint due to insufficient evidence; the appeal is allowed and the order of dismissal is set aside.

Court Disposition

appeal allowed

Orders

  • order of dismissal set aside
  • judgment entered