Babicci v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 77

FEDERAL COURT OF AUSTRALIA

Babicci v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 77

MIGRATION – appeal – Migration Review Tribunal refused to grant a Partner (Provisional) (Class UF) visa – whether Tribunal erred in its construction of the phrase "compelling circumstances" – whether Tribunal committed jurisdictional error Migration Regulations 1994 reg 1.20J Re Minister for Immigration and Multicultural Affairs; Ex parte Cohen (2001) 177 ALR 473 referred to ERIC RICHARD BABICCI v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND THE MIGRATION REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA NSD 105 OF 2005 TAMBERLIN, CONTI AND JACOBSON JJ 19 MAY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 105 of 2005

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

BETWEEN: ERIC RICHARD BABICCI

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

JUDGES: TAMBERLIN, CONTI AND JACOBSON JJ

DATE OF ORDER: 19 MAY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondents' costs in the proceeding.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 105 of 2005

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

BETWEEN: ERIC RICHARD BABICCI

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT