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Minister for Immigration and Ethnic Affairs vs. Teoh 1995. Facts. Malaysian citizen moved to Australia on a temporary entry permit. On 9 th July he married Jean Helen Lim, an Australian citizen who was the de facto spouse of his deceased brother, where Mrs Lim had four children.
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Facts • Malaysian citizen moved to Australia on a temporary entry permit. • On 9th July he married Jean Helen Lim, an Australian citizen who was the de facto spouse of his deceased brother, where Mrs Lim had four children. • In October of 1988, Mr Teoh applied and was granted a further entry permit, which allowed him to remain till 1989. • He applied for a permanent entry permit.
Facts • November 1990, his permit was still pending, Mr Teoh was convicted of six counts of importation of heroin and a further three counts of possession. • He was sentenced to six years imprisonment.
Facts • Under the migration Act 1958 his residency application was denied for the following reasons. • 1.1 Has to be of good character • 1.2 No criminal record • 1.3 If your over 16 you have to meet all the requirements
Facts • He appealed unsuccessfully to the migration review panel. • Referred appeal for residency to the high court. • Mr Teoh argued if he was deported they would be violating the CROC art 3.1 and 9.1, because he could no longer care for his children.
Decision • The High court found Mr. Teoh did have a right to have an Int. Convention considered in his application for residency. • As ratification is seen as a legitimate expectation to act in the manner as dictated by CROC. • Treating the best interests of the children as a ‘primary consideration.’
