Won, Jean Hee v Minister for Immigration & Multicultural Affairs [1998] FCA 268

Won, Jean Hee v Minister for Immigration & Multicultural Affairs [1998] FCA 268

There is no real issue to be tried regarding the legality of initial detention or Tribunal's decision on bridging visas; any error in Tribunal's decision would result in remittal, which would be futile as fresh applications are pending. Applicants' present detention is not rendered unlawful by allegedly unlawful initial detention as visas were cancelled, making them unlawful non-citizens subject to mandatory detention under s 189.

Parties
Applicant: Jean Hee Won; Applicant: Youn Hwa Kim; Applicant: Soo Hyun Lee; Applicant: Eun Sook Jeong; Applicant: Kae Hee Kim; Applicant: Ok Lim Hoang; Applicant: Mi Sun Moon; Applicant: Mi Yon Chong; Respondent: Minister for Immigration & Multicultural Affairs
Jurisdiction
Australia
Judgment Date
24 March 1998
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Detention Under Migration Act, Bridging Visa Refusal, Review of Tribunal Decision, Lawfulness of Initial Detention
Immigration Administrative Law Detention Under Migration Act Bridging Visa Refusal Review of Tribunal Decision Lawfulness of Initial Detention

Case Brief

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Parties

Jean Hee Won

Applicant

Youn Hwa Kim

Applicant

Soo Hyun Lee

Applicant

Eun Sook Jeong

Applicant

Kae Hee Kim

Applicant

Ok Lim Hoang

Applicant

Mi Sun Moon

Applicant

Mi Yon Chong

Applicant

Minister for Immigration & Multicultural Affairs

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Legality of applicants' initial detention under s 192 Migration Act
  2. 2 Review of Immigration Review Tribunal's decision to uphold refusal of bridging visas

Ratio Decidendi

There is no real issue to be tried regarding the legality of initial detention or Tribunal's decision on bridging visas; any error in Tribunal's decision would result in remittal, which would be futile as fresh applications are pending. Applicants' present detention is not rendered unlawful by allegedly unlawful initial detention as visas were cancelled, making them unlawful non-citizens subject to mandatory detention under s 189.

Court Disposition

Application dismissed

Orders

  • Applicants are to pay the respondent's costs of the application