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5. Utilizing Legal Options

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Chapter Summary

This chapter elaborates the utilization of legal action in the Chinese students' campaign for residence in Australia. It briefly examines the context for immigration litigation in Australia in the late 1980s and 1990s. The chapter outlines disputes against the state logic of controlling immigration and the shaping and implementation of 'migrant logic' for negotiating with the state's changing position. It then looks specifically at the case of Chan Yee Kin. The chapter also discusses the case of five People's Republic of China (PRC) students studying at the Australian National University (ANU) who took Department of Immigration, Local Government and Ethnic Affairs (DILGEA) to the Federal Court in the Australian Capital Territory (ACT), the victory by four of them laying the legal foundation for the resolution of the student protection issue through a blanket approach. It conveys how these Chinese students turned the seemingly impossible into the possible.

Keywords: Australian Capital Territory (ACT); Australian National University (ANU); Chan Yee Kin; Chinese students' campaign; DILGEA; Federal Court; immigration litigation in Australia



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