Rashid v Minister for Immigration & Citizenship [2007] FCAFC 25

FEDERAL COURT OF AUSTRALIA

Rashid v Minister for Immigration & Citizenship [2007] FCAFC 25 MIGRATION – refusal of offshore application forRefugee and Humanitarian (Class XB) subclass 200 (Refugee) visa – delegate's letter of refusal stated appellant did not satisfy "compelling reasons" criterion – whether reasons for refusal in fact included appellant's failure to satisfy the "split family" criterion – whether appellant in fact failed to satisfy "split family" criterion – whether any jurisdictional error Held: 1. Not established that delegate's reasons for refusal in fact included appellant's failure to satisfy "split family" criterion. 2. In any event, open to delegate to find "split family" criterion not satisfied. 3. Any error not jurisdictional. Migration Act 1958 (Cth) s 66(2) and (3) Rashid v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FMCA 1666 affirmed Avon Downs Pty Ltd v Commissioner of Taxation (1940) 78 CLR 353 at 369 applied The Queen v Toohey; Ex parte Northern Land Council (1980) 151 CLR 170 at 253 applied Craig v South Australia (1995) 184 CLR 163 at 176 applied Public Service Board of New South Wales v Osmond (1986) 159 CLR 656 applied Ayan v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 196 ALR 332 at [56] applied Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 at [117] applied Suresh v Canada (Minister of Citizenship and Immigration) [2002] 1 SCR 3 at [126] applied Chow v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1459 at [10] cited RASHID v MINISTER FOR IMMIGRATION & CITIZENSHIP and SENIOR MIGRATION OFFICER, POSITION NUMBER 7369 SAD 273 OF 2006

HEEReY, STONE & EDMONDS JJ

9 MARCH 2007

SYDNEY (HEARD IN ADELAIDE) IN THE FEDERAL COURT OF AUSTRALIA