Lu Ru Wei & Anor v Minister for Immigration & Multicultural Affairs [1996] FCA 814

Lu Ru Wei & Anor v Minister for Immigration & Multicultural Affairs [1996] FCA 814

A person who is a Vietnamese refugee settled in the PRC is 'covered by' the Memorandum of Understanding for the purposes of reg 2.12A and s 91C(1)(b) if that person can be described, with reference to the date of the MOU, as a current, recent, or possible future unauthorised arrival in Australia; thus, the applicants, who arrived after the MOU date, are so covered and precluded from making valid protection visa applications under s 91E.

Jurisdiction
Australia
Judgment Date
23 August 1996
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed
Legal Topics
['protection Visas' 'safe Third Country' 'statutory Interpretation' 'international Agreements' 'judicial Review']
['migration Law' 'administrative Law'] ['protection Visas' 'safe Third Country' 'statutory Interpretation' 'international Agreements' 'judicial Review']

Case Brief

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Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 ["Whether the applicants are 'covered by' the Memorandum of Understanding as required by s 91C(1)(b)(ii) of the Migration Act and reg 2.12A(1)(a) of the Migration Regulations" "Whether being 'covered by' the MOU precludes the applicants from making valid applications for protection visas"]

Ratio Decidendi

A person who is a Vietnamese refugee settled in the PRC is 'covered by' the Memorandum of Understanding for the purposes of reg 2.12A and s 91C(1)(b) if that person can be described, with reference to the date of the MOU, as a current, recent, or possible future unauthorised arrival in Australia; thus, the applicants, who arrived after the MOU date, are so covered and precluded from making valid protection visa applications under s 91E.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' 'All parties have liberty to apply with respect to costs.']