Chow v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 88

FEDERAL COURT OF AUSTRALIA

Chow v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 88

MIGRATION – appeal from decision of single judge dismissing application for review of decision of Migration Review Tribunal affirming decision not to grant a Change in Circumstance (Residence) (Class AG), Subclass 806 visa – whether Migration Review Tribunal erred in not considering whether the appellant's father and stepmother had a 'permanent or long-term need' for 'substantial and continuing assistance' – where Migration Review Tribunal found that the appellant's father and stepmother had 'prolonged illness' – where Migration Review Tribunal considered whether the appellant was 'willing and able to provide substantial and continuing assistance' – no error established – appeal dismissed Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 31, 474 Migration Regulations 1994 (Cth) regs 1.03, 2.01, 2.02, 2.03, Sch 1, Items 1107, 1105, Sch 2, cl 806

Chow v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1459 cited Paul v Minister for Immigration & Multicultural Affairs (2001) 113 FCR 396 cited Plaintiff S157/2002 v Commonwealth (2003) 195 ALR 24 cited JU CHIEN CHOW v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N3 OF 2003 MOORE, EMMETT & BENNETT JJ 9 MAY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N3 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JU CHIEN CHOW

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MOORE, EMMETT & BENNETT JJ

DATE OF ORDER: 9 MAY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the appeal be dismissed; 2. the appellant pay the respondent's costs.