Lee, E.T. v Minister for Immigration, Local Government & Ethnic Affairs

The applicant, E.T. Lee, challenged a decision by the Minister for Immigration, Local Government & Ethnic Affairs concerning her eligibility for a permanent residence visa. Lee, a non-citizen, was granted a temporary entry permit that allowed multiple entries into Australia during a specified period. She travelled to her country of birth to attend her father's funeral, returning to Australia after the amendments to the Migration Act on 19 December 1989. Despite fulfilling other conditions, she failed to complete the formal requirements within the stipulated period. The central legal issue was whether her travel constituted an "entry" or "re-entry" under the Act, particularly given the timing relative to the legislative changes.

The court examined the statutory definitions and legislative history to determine the meaning of "entry" and "re-entry" in the context of the amended Migration Act. The court considered whether Lee's travel to her country of birth and subsequent return to Australia constituted an entry or a re-entry for the purposes of the legislation. The court concluded that her travel before the legislative changes was an entry, but her return trip post-amendments was a re-entry. This distinction was crucial in determining her eligibility for a temporary entry permit and, consequently, her entitlement to permanent residence.

The court found that Lee's travel to her country of birth before the amendments was an entry, while her return to Australia after the amendments was a re-entry. Given that the formal requirements were not completed within the conditional period, the court held that Lee did not meet the criteria for permanent residence. However, the court set aside the decision under review and remitted it to the Minister for further consideration, emphasising that the temporal context of her travel was pivotal in interpreting the legislative provisions. The court also ordered the respondents to pay the applicant's costs, reflecting its view on the matter's complexity and the importance of the applicant's position.