Kong Lee Yin v The Commonwealth [1970] HCA 34

Kong Lee Yin v The Commonwealth [1970] HCA 34

The later temporary entry permits were not invalid merely because their periods differed from those requested or because they were granted after earlier permits had expired. Sections 7 (2) and 10 allowed a further entry permit to be granted after expiration or cancellation of a preceding permit, and such a grant...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Action Seeking an Injunction Restraining Enforcement of a Deportation Order / Final Judgment
Outcome
All three actions dismissed with costs.
Legal Topics
['deportation Order' 'prohibited Immigrant' 'temporary Entry Permit' 'further Entry Permit' 'validity of Administrative Action']
['migration Law' 'administrative Law'] ['deportation Order' 'prohibited Immigrant' 'temporary Entry Permit' 'further Entry Permit' 'validity of Administrative Action']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Action Seeking an Injunction Restraining Enforcement of a Deportation Order / Final Judgment

Legal Issues

  1. 1 ['Whether a temporary entry permit is invalid unless the period specified in it corresponds with the period requested by the applicant.' 'Whether a further entry permit can validly be granted after the preceding temporary entry permit has expired or been cancelled.' 'Whether the deportation order made against the plaintiff under s. 18 of the Migration Act 1958-1966 Cth was valid.']

Ratio Decidendi

The later temporary entry permits were not invalid merely because their periods differed from those requested or because they were granted after earlier permits had expired. Sections 7 (2) and 10 allowed a further entry permit to be granted after expiration or cancellation of a preceding permit, and such a grant caused the holder to cease being a prohibited immigrant during its currency. Once the plaintiff's legal submissions failed, it was not disputed that the deportation order was validly made, so the action had to be dismissed.

Court Disposition

All three actions dismissed with costs.

Orders

  • ['Action dismissed with costs.' 'All three actions are dismissed with costs.']