Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Xiang v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 64
MIGRATION – judicial review – special need relative visa – visa refused because appellant not "able" to provide assistance – meaning of "able" – visa also refused because appellant did not continue to meet visa criteria between application and final decision – meaning of "continues" – jurisdictional error WORDS AND PHRASES – "able" – "continues"
Migration Act 1958 (Cth) s 474 Migration Regulations 1994 (Cth) reg 806 Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 referred to Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 applied Craig v State of South Australia (1995) 184 CLR 163 referred to Koulaxazov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 75 not followed NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 123 FCR 298 not followed Rao v Minister for Immigration and Multicultural Affairs [2001] FCA 1755 considered S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 followed XIANG PING LI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 954 of 2003 GOLDBERG, FINKELSTEIN & WEINBERG JJ 23 MARCH 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 954 of 2003
On Appeal from the Federal Magistrates Court of Australia
BETWEEN: XIANG PING LI
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
Respondent
JUDGES: GOLDBERG, FINKELSTEIN & WEINBERG JJ
DATE OF ORDER: 23 MARCH 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be allowed. 1. The orders of the Federal Magistrate made on 19 September 2003 be set aside. 1. A writ of certiorari issue to quash the decision of the Migration Review Tribunal made on 12 December 2002. 1. The matter be remitted to the Tribunal to be determined according to law. 1. The respondent pay the appellant's costs of the hearing in the Federal Magistrates Court and of this appeal, such costs to be taxed in default of agreement.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate