Jung, Y.M. & Anor v. Minister for Immigration & Ethnic Affairs [1994] FCA 857

Jung, Y.M. & Anor v. Minister for Immigration & Ethnic Affairs [1994] FCA 857

The Tribunal erred by not treating the brother's letter as a valid nomination; this error was material because it failed to properly consider whether the refusal of entry would cause the brother extreme hardship or irreparable prejudice. Consequently, the Tribunal's decision was set aside and the matter remitted for...

Source-derived case information.

Parties
First Applicant: Yong Min Jung; Second Applicant: Dong-Gon Chot; Respondent: Minister for Immigration and Ethnic Affairs
Jurisdiction
Australia
Judgment Date
16 November 1994
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Decision of the Tribunal set aside; matter remitted; costs to applicants
Legal Topics
Concessional Entry Permit, Construction of Migration Regulations, Nomination Requirements, Tribunal Error of Law, Extreme Hardship or Irreparable Prejudice
Immigration Concessional Entry Permit Construction of Migration Regulations Nomination Requirements Tribunal Error of Law Extreme Hardship or Irreparable Prejudice

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Summary, issues, holding and outcome

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Parties

Yong Min Jung

First Applicant

Dong-Gon Chot

Second Applicant

Minister for Immigration and Ethnic Affairs

Respondent

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether the hardship or prejudice in reg131A(1)(d)(v) must be suffered by the nominator
  2. 2 Whether nomination must be made at the time of application
  3. 3 What constitutes nomination under the regulations

Ratio Decidendi

The Tribunal erred by not treating the brother's letter as a valid nomination; this error was material because it failed to properly consider whether the refusal of entry would cause the brother extreme hardship or irreparable prejudice. Consequently, the Tribunal's decision was set aside and the matter remitted for reconsideration.

Court Disposition

Decision of the Tribunal set aside; matter remitted; costs to applicants

Orders

  • The decision of the Immigration Review Tribunal of 9 May 1994 affirming the primary decision not to grant the second applicant a December 1989 (temporary) entry permit be set aside.
  • The matter be remitted to the Tribunal, differently constituted, to be determined according to law.