Chi, Cam Mui v The Minister for Immigration & Multicultural Affairs & Anor [1998] FCA 692

FEDERAL COURT OF AUSTRALIA MIGRATION - remaining relative visa - construction of reg 9 of the Migration Regulations (1989) - meaning of adoption - difficulty of translation of word "adoption" from Vietnamese - whether failure to consider all the evidence - whether Tribunal addressed material before it rationally. MIGRATION - adequacy of Tribunal's reasons - consideration of Tribunal's failure to identify reason for refusal of application among one of several possible reasons. MIGRATION - remaining relative visa - construction of reg 9 of the Migration Regulations (1989) - regulation contained proviso containing disqualification criteria - Tribunal expressed that it was not satisfied that applicant was "remaining relative" - whether regulation required a positive finding that disqualification criteria applied - effect of proviso. PRACTICE AND PROCEDURE - High Court order nisi - remittal to Federal Court - whether Federal Court has jurisdiction to amend order nisi - whether Court can only consider matters as determined in Pt 8 of the Migration Act 1958 (Cth) - interpretation of s 485(3) of Migration Act 1958 (Cth).

Migration Act 1958 (Cth) (as amended to 1989) ss 24(3) and 135 Migration Act 1958 (Cth) ss 353, 368, 458(3), 476 and 485(3) Migration Regulations (1989) regs 2, 2A, 9, 34A and 41(1), Sch 2 Judiciary Act 1903 (Cth) s 44(1) and (2A)

Ansett Transport Industries (Operations) Pty Ltd v Wraith (1983) 48 ALR 500, applied Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402, applied Kim v Minister for Immigration and Ethnic Affairs (1995) 37 ALD 481, applied Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300, applied Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505, applied Epeabaka v Minister for Immigration and Multicultural Affairs (1997) 150 ALR 397, applied McDonald v Director-General of Social Security (1984) 1 FCR 354, considered Vines v Djordjevitch (1955) 91 CLR 512, considered Dinnison v The Commonwealth (1997) 74 FCR 184, applied Re Minister for Immigration and Multicultural Affairs; ex parte Abebe [1998] HCA 16, 152 ALR 177, considered Re Minister for Immigration and Multicultural Affairs; ex parte Abebe [1998] HCA 10, 151 ALR 711, considered Thambythurai v Minister for Immigration and Multicultural Affairs (Finkelstein J, 16 September 1997, unreported), considered CAM MUI CHI v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and JOSEPH ITALIANO VG 406 of 1997 MANSFIELD J MELBOURNE 16 JUNE 1998