Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sherzad v Minister for Immigration and Citizenship [2008] FCAFC 145
MIGRATION – Remaining Relative visa – construction of reg 1.15(1)(c) of Migration Regulations 1994 (Cth) – whether it sufficed that there was one overseas near relative with whom neither the visa applicant nor visa applicant's spouse had had contact within a reasonable period before making the visa application Held: (1) There was no appearance of an intention other than that the singular was to include the plural; (2) There must be no overseas near relative with whom the visa applicant had had contact within a reasonable period before making the visa application. Acts Interpretation Act 1901 (Cth) s 23 Migration Regulations 1994 (Cth) cl 115.211
Blue Metal Industries Ltd v Dilley (1969) 117 CLR 651 cited Elliott v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 67 referred to
SHARIF SHERZAD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
NSD 578 OF 2008
MOORE, LINDGREN AND BUCHANAN JJ
18 August 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 578 OF 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SHARIF SHERZAD
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGES: MOORE, LINDGREN AND BUCHANAN JJ
DATE OF ORDER: 18 august 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's 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
NEW SOUTH WALES DISTRICT REGISTRY NSD 578 OF 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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