Singh, Palwinder v Minister for Immigration & Ethnic Affairs & Anor [1996] FCA 17

CATCHWORDS Migration - applicant seeking Class 812 (December 1989 (permanent)) entry permit - review of decision of the Immigration Review Tribunal - whether evidence to justify decision that applicant was not a "special need relative" - whether any compassionate ground existed - whether "extreme hardship or irreparable prejudice" - whether emotional feelings of concern and distress that could be experienced by an Australian citizen or permanent resident on the deportation of a relative constitute "prejudice" caused to that person Migration Act 1958, s 476 Migration (1993) Regulations, reg 1.3, Second Schedule, Class 812 entry permit Migration Reform (Transitional Provisions) Regulations, reg 23 Ching Leong Lim v Minister for Immigration, Local Government and Ethnic Affairs (unreported), Lindgren J, 16 December 1994 Kobayashi v Minister for Immigration and Ethnic Affairs (1994) 51 FCR 24 Fuduche v Minister for Immigration, Local Government and Ethnic Affairs (1993) 117 ALR 418 Ali v Minister for Immigration, Local Government and Ethnic Affairs (1992) 38 FCR 144 Marcelo v Minister for Immigration and Ethnic Affairs (1994) 34 ALD 344 Horvath v Minister for Immigration and Ethnic Affairs (1994) 35 ALD 422 Mt Isa Mines Ltd v Pusey (1970) 125 CLR 383 Jaensch v Coffey (1984) 155 CLR 549 Yim v Immigration Review Tribunal (1994) 54 FCR 186 Mendoza v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 405 Matter No. SG22 of 1995 PALWINDER SINGH v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS and IMMIGRATION REVIEW TRIBUNAL VON DOUSSA J ADELAIDE 31 JANUARY 1996

IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) ) GENERAL DIVISION ) No. SG22 of 1995 BETWEEN: PALWINDER SINGH Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS and IMMIGRATION REVIEW TRIBUNAL Respondents MINUTES OF ORDER JUDGE MAKING ORDER : VON DOUSSA J. WHERE MADE : ADELAIDE DATE OF ORDER : 31 JANUARY 1996 THE COURT ORDERS THAT: 1. The application for an order of review be dismissed. 2. The applicant pay the respondents' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.