Awa v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 63; [2002] FCA 291

Awa v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 63 Awa v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 291

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Awa v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 291 MIGRATION – exercise of discretion to refuse interdependency visa – application of ministerial direction by tribunal on review – whether direction fettered tribunal's discretion – whether tribunal decision in error of law

Acts Interpretation Act 1901 (Cth) s 46(1)(b) Migration Act 1958 (Cth) ss 29(1)(b), 30, 31(1), 31(3), 41(1), 200, 201, 476(1)(e), 496(1A), 499, 499(1), 499(2), 499(2A), 500, 501, 501(1), 501(2), 501(5), 501(6), 501(6)(c)(i), 501(6)(c)(ii)

Aksu v Minister for Immigration & Multicultural Affairs [2001] FCA 514 referred to Ruhl v Minister for Immigration & Multicultural Affairs (2001) 184 ALR 401 referred to Bustescu v Minister for Immigration & Multicultural Affairs (1999) 57 ALD 161 referred to Lau v Minister for Immigration & Multicultural Affairs [2000] FCA 698 referred to Javillonar v Minister for Immigration & Multicultural Affairs [2001] FCA 854 referred to Jahnke v Minister for Immigration & Multicultural Affairs [2001] FCA 897 referred to Andary v Minister for Immigration & Multicultural Affairs [2001] FCA 1544 referred to Turini v Minister for Immigration & Multicultural Affairs [2001] FCA 822 referred to Re Batula v Minister for Immigration & Multicultural Affairs [2001] AATA 496 referred to Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to Wan v Minister for Immigration & Multicultural Affairs (2001) 107 FCR 133 referred to ALICIA AWA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1036 of 2001 SPENDER, RD NICHOLSON and NORTH JJ 19 MARCH 2002 SYDNEY (by video-link from Perth)