Kaur v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 70

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 70

MIGRATION – appeal - spouse visa – application of Ministerial Direction No. 21 – no failure by Tribunal to weigh competing primary considerations particularly the interests of the children – appeal dismissed Held: Administrative Appeals Tribunal did not exercise jurisdictional error Long v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 76 ALD 610 Nguyen v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 757 Perez v Minister for Immigration and Multicultural Affairs (2002) 119 FCR 454 Sebastian v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 31 Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133 JASVIR KAUR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and ADMINISTRATIVE APPEALS TRIBUNAL VID 1604 of 2005 NICHOLSON, JACOBSON and LANDER JJ 19 MAY 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1604 OF 2005

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

BETWEEN: JASVIR KAUR

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGES: NICHOLSON, JACOBSON and LANDER JJ

DATE OF ORDER: 19 MAY 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondents' costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1604 OF 2005