Federal Court of Australia
James v Minister for Immigration & Multicultural Affairs [2002] FCAFC 91 James v Minister for Immigration & Multicultural Affairs [2002] FCA 383
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
James v Minister for Immigration & Multicultural Affairs [2002] FCA 383
MIGRATION – Family (Residence) Visa – appeal from a single judge dismissing application for review of decision of Migration Review Tribunal – whether appellant an "aged dependent relative" for the purposes of reg 1.03 Migration Regulations 1994 (Cth) – appellant living apart from wife but no decree of judicial separation – whether appellant "formally separated" in the context of definition of "aged dependent relative" WORDS AND PHRASES – "formally separated" Migration Regulations 1994 (Cth) regs 1.03, 1.15A Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 at 320 applied Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 at 397, 400 – 401 applied Ainslie v Ainslie (1927) 39 CLR 381 at 394, 408 cited Williams v Williams [1921] P 131 at 135 cited Fender v St John-Mildmay [1938] AC 1 at 24 cited Walter v Walter [1921] P 302 cited Lacey v Lacey (1931) 146 LT 48 at 49 cited Besant v Wood (1879) 12 Ch D 605 cited Exxon Corporation v Exxon Insurance Consultants International Ltd [1982] 1 Ch 119, 144 applied SELLAPA JOACHIM JAMES v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 790 OF 2001 HEEREY, COOPER AND FINKELSTEIN JJ 8 APRIL 2002 MELBOURNE
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