Concept

Minister of State for Immigration and Ethnic Affairs v Teoh

Résumé

Minister of State for Immigration and Ethnic Affairs v Teoh (commonly known as Teoh's case) was an Australian court case which was decided by the High Court of Australia on 7 April 1995. The case is notable for giving unprecedented significance to the ratification of international treaties by the executive government (in particular the Convention on the Rights of the Child). Ah Hin Teoh, a Malaysian citizen, came to Australia in May 1988 and was granted a temporary entry permit. In July 1988, Teoh married Jean Lim, an Australian citizen and the de facto spouse of Teoh's deceased brother. Mrs Teoh had four children, one from her first marriage and three from the de facto relationship. Subsequently, Mr and Mrs Teoh had three children together. In October 1988, Teoh was granted a further temporary entry permit that enabled him to remain in Australia until February 1989. Prior to the expiry of the permit, Teoh applied for a grant of resident status. In November 1990, whilst this application was being processed, Mr Teoh was convicted on charges of heroin importation and possession. In January 1991, Teoh was notified pursuant to the Migration Act 1958 that his application for resident status had been refused on the ground that he could not meet the good character requirement as he had a criminal record. In February 1991, Teoh applied for a review of the decision, providing documentation that included a testimonial from Teoh's mother-in-law who stated that Teoh was the only person who could keep the family together. The Immigration Review Panel rejected the review in July 1991, highlighting the seriousness of Teoh's criminal conviction. This decision was accepted by the Immigration Minister, and in February 1992 an order was made that Teoh be deported. Teoh sought a review of both the acceptance of the recommendation and the decision to deport. In September 1993 in the Federal Court, French J dismissed the application, finding that the acceptance of the Panel's recommendation and the ordering of deportation had not been an improper exercise of power, a denial of natural justice, nor did it involve the consideration of irrelevant factors by the decision-makers.

Source officielle

https://en.wikipedia.org/wiki/Minister_of_State_for_Immigration_and_Ethnic_Affairs_v_Teoh

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