Minister of Immigration and Ethnic Affairs v Teoh

Minister of Immigration and Ethnic Affairs v Teoh
Court	High Court of Australia
Full case name	Minister of State for Immigration & Ethnic Affairs v Ah Hin Teoh
Date decided	7 April 1995
Citation(s)	(1995) 183 CLR 273
Judge(s) sitting	Mason CJ, Deane, Toohey, Gaudron & McHugh JJ
Case history
Prior action(s)	none
Subsequent action(s)	none
Case opinions
(4:1) Appeal allowed. (per Mason CJ, Deane, Toohey and Gaudron JJ)

Minister for Immigration v Teoh (1995) 183 CLR 273 was a case that established the principle of "legitimate expectations when considering issues of natural justice.

Background

Teoh was imprisoned for drug trafficking. He was to be deported on his release. He sought to have the decision to deport him reconsidered on the grounds that the hardship it would cause his wife and children had not been adequately considered.

Decision

The majority held that the ratification of the United Nations Convention on the Rights of the Child created a legitimate expectation that the decision-maker would act consistently with it. The rights of the children would therefore be a primary consideration. It was not necessary for the person (i.e. Teoh) to be aware of the treaty, provided it was objectively "reasonable".

The decision-maker had not acted consistently with the treaty; the appeal was therefore allowed.

References

Lane, W.B. and Young, S. Administrative Law in Australia, 2008. Thomson Lawbook Co, Sydney.

External links

• Full text of the decision