Federal Court of Australia
JUDGMENT No. ...00.28,../ 7%
'* eueacorocooscoses: eeerenvesooe CATCHWORDS
IMMIGRATION - Claim for grant of permanent residence - Reg 127 of Migration Regulations - whether applicant was a "special need relative" - whether "permanent or long-term need for
assistance".
Judiciary Act 1903 (Cth) - s 39B Migration (1989) Regulations - Reg 127
Euduche v Minister for Immigration. Local Government and Ethnic Affairs (1993) 117 ALR 418 Chen Wen Ying v Minister for Immigration and Ethnic Affairs
(Unreported, Davies J, 24 June 1994)
WLOUBOMIRA MOSKAL v F N AND ETHNIC AFFAIRS
No. NG 923 of 1993
FOSTER J 4 OCTOBER 1994 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NG 923 of 1993
mee ee ee ee ee
GENERAL DIVISION
BETWEEN: LIOUBOMIRA MOSKAL
Applicant
AND: MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC
AFFAIRS Respondent CORAM: FOSTER J DATE: 4 OCTOBER 1994 PLACE: SYDNEY MINUTE OF ORDERS
THE COURT ORDERS THAT:
1. The determination of the respondent of 30 July 1991 refusing the applicant's application be quashed.
2. The application be remitted to the respondent for determination in accordance with law.
3. The respondent pay the applicant's costs of this application.
"s 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 No. NG 923 of 1993
eed
GENERAL DIVISION
BETWEEN: LIOUBOMIRA MOSKAL
Applicant
AND: MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC
AFFAIRS Respondent CORAM: FOSTER J DATE: 4 OCTOBER 1994 PLACE: SYDNEY IN; R NT
HIS HONOUR: This is an application pursuant to s 39B of the Judiciary Act 1903 (Cth). The applicant seeks the following
substantive relief:-
"(a) An Order by way of mandamus pursuant to section 39B of the Judiciary Act 1903 quashing the determination of the Respondent dated 30 July 1991 refusing the application of the Applicant for permanent residence and directing the Respondent to determine the application in accordance with law;
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