Soondur v Minister for Immigration & Multicultural Affairs [2002] FCAFC 324

FEDERAL COURT OF AUSTRALIA

Soondur v Minister for Immigration & Multicultural Affairs

[2002] FCAFC 324

IMMIGRATION – refugees – protection visa – whether inclusion in an application for a protection visa (or its earlier equivalent) of an infant child of an adult who is the primary applicant precludes that child from lodging a further application – whether primary judge had considered whether appellant had made an application which was to be considered on its merits.

Migration Act 1958 (Cth), ss 36, 46, 47, 48A, 48B, 50, 55, 65(1), 69(1) Migration Regulations 1994 (Cth), Sch 2, cl 866.211, 866.221, 866.222

Dranichnikov v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 397 followed Munkayilar v Minister for Immigration and Multicultural Affairs (1997) 49 ALD 588 referred to Al Raied v Minister for Immigration and Multicultural Affairs [2001] FCA 313 referred to Jaffari v Minister for Immigration and Multicultural Affairs [2001] FCA 1516 referred to X v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 524 referred to Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 applied Yilmaz v Minister for Immigration and Multicultural Affairs (2000) 100 FCR 495 referred to Sevim v Minister for Immigration and Multicultural Affairs [2001] FCA 1597 referred to Thayananthan v Minister for Immigration and Multicultural Affairs [2001] FCA 831 referred to Goldie v Minister for Immigration and Multicultural Affairs (2001) 111 FCR 378 referred to NACN of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 299 referred to

PREM LATA SOONDUR & ORS v MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

N272 of 2001 GRAY, CARR & GOLDBERG JJ 25 OCTOBER 2002 PERTH (Heard in Sydney)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 272 of 2001