Jackson v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 203

FEDERAL COURT OF AUSTRALIA

Jackson v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 203

MIGRATION – appeal – Migration Review Tribunal - appellant applied for Family Residence Class AO visa on grounds he was a "special need relative" - appellant nominated by mother - at time of application appellant's father seriously ill but died before Tribunal's determination - Whether Tribunal fell into jurisdictional error in refusing visa - where Tribunal had regard to Procedures Advice Manual as a prescriptive definition of "special need relative" - where Tribunal failed to consider disability of a family member of the nominator - where need of citizen or resident varies but corresponds at all times with one or a number of reasons identified in the definition of assistance provided to the nominator Migration Act 1958 (Cth), s 476 Judiciary Act 1903 (Cth), s 39B Migration Regulations 1994, subclass 806.213

Bread Manufacturers of New South Wales v Evans (1981) 180 CLR 404 followed British Oxygen Co Ltd v Minister of Technology [1971] AC 610 followed Chow v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 88 followed Lobo v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 168 cited Re Minister for Immigration and Multicultural Affairs; ex parte Cohen (2001) 177 ALR 473 cited Rendell v Release on Licence Board (1987) 10 NSWLR 449 followed JACKSON V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W 75 of 2003

LEE, CARR & MOORE JJ 27 AUGUST 2003 MELBOURNE (Heard in Perth)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 75 OF 2003

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

BETWEEN: KEITH PETER JACKSON

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS