20 Jul 2009
YE AND ORS V MINISTER OF IMMIGRATION AND ANOR SC 53/2008
- Citation
- YE AND ORS V MINISTER OF IMMIGRATION AND ANOR SC 53/2008
- Court
- Supreme Court
The Supreme Court held that immigration officers deciding to make or cancel removal orders under ss54 and 58 must, where relevant humanitarian circumstances arise, apply the s47(3) test; s58(5) does not remove the officer's obligation to consider cancellation when s47(3) circumstances are present; failures to apply that legal test warrant setting aside decisions and remitting them for reconsideration.