Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v Zaouk [2007] FCAFC 47
MIGRATION – appeal from decision of Federal Magistrate – two grounds of appeal – need to succeed on one – successful on one, not successful on the other – appeal allowed Migration Regulations 1994 (Cth) reg 1.15A, reg 1.21, reg 1.23, reg 1,24, reg 1.25, reg 1.26, Sch 2 cl 300.21, Sch 2 cl 820.111, Sch 2 820.211 MINISTER FOR IMMIGRATION AND CITIZENSHIP v JOSEPH ZAOUK AND MIGRATION REVIEW TRIBUNAL No NSD 2293 of 2006
MOORE, FINN AND MARSHALL JJ
3 APRIL 2007
ADELAIDE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2293 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Appellant
AND: JOSEPH ZAOUK
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGES: MOORE, FINN AND MARSHALL JJ DATE OF ORDER: 3 APRIL 2007
WHERE MADE: adelaide (heard in SYDNEY)
THE COURT ORDERS THAT:
1. The name of the Appellant be changed to Minister for Immigration and Citizenship. 2. The appeal be allowed. 3. The decision of the Federal Magistrate be set aside. 4. The decision of the Tribunal of 18 November 2005 be reinstated.
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 2293 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Appellant
AND: JOSEPH ZAOUK
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGES: MOORE, FINN AND MARSHALL JJ
DATE: 3 APRIL 2007
PLACE: ADELAIDE (HEARD IN SYDNEY)
REASONS FOR JUDGMENT 1 This appeal from a decision of a Federal Magistrate granting relief by way of constitutional writs against a decision of the Migration Review Tribunal raises two discrete issues of statutory interpretation. The first relates to the proper construction of one of the criteria required to be satisfied at the time of application for a Subclass 820 (Spouse) visa, provided for in Sch 2 to the Migration Regulations 1994(Cth). The second relates to the construction of the requirements of a statutory declaration made by a competent person under reg 1.26 of the Migration Regulations.
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