Wu Yu Fang and Ors v Min for Immig and Ethnic Affairs and Anor

The applicants, Wu Yu Fang and others, sought judicial review of decisions made by the Minister for Immigration and Ethnic Affairs and the second respondent, concerning their applications for entry permits to Australia. The applicants were citizens of the People's Republic of China and had applied for entry permits as members of the family unit of Mr. Wu, who had been granted a business skills visa. The Minister had refused to grant the entry permits, a decision that was subsequently affirmed by the Administrative Appeals Tribunal.

The central legal issue before the court was whether the applicants, as children of Mr. Wu, were properly considered part of his family unit for the purposes of the Migration Act 1958 (Cth) and associated regulations. Specifically, the court had to determine the correct interpretation of the term "family unit" as it applied to the applicants' situation, particularly in light of their age and their relationship to Mr. Wu, who was their father.

Toohey J considered the definition of "family unit" as provided in the Migration Regulations. His Honour found that the applicants, being the children of Mr. Wu, fell within the definition of a family unit. The court reasoned that the regulations did not impose any requirement for children to be dependent or of a particular age to be considered part of the family unit for the purposes of a business skills visa application. The Minister's decision, and the Tribunal's affirmation of it, were therefore based on an incorrect interpretation of the relevant legislative provisions.

Consequently, Toohey J quashed the decision of the Minister and remitted the applications for entry permits to the Minister for reconsideration according to law.