Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
IMMIGRATION - Application for class 812 (December 1989 (permanent)) entry permit - no evidence at relevant date of any action by relevant related person to nominate applicant capable of satisfying reg 812.722(d) - Migration (1993) Regulations (Cth) regs 812.722 and 812.723
Migration (1993) Regulations (Cth) - regs 812.722 and 812.723
Migration Act 1958 (Cth) - ss 34, 55 and 56
Hamilton v Minister for Immigration and Ethnic Affairs (1994) 53 FCR 349, applied
Yong v Minister for Immigration and Ethnic Affairs (1994) 54 FCR 176, applied
Scurr v Brisbane City Council (1973) 133 CLR 242, followed
Bowman v Durham Holdings Pty Ltd (1973) 131 CLR 8, followed
SOH HAH KAM (aka MICHAEL KAM) v IMMIGRATION REVIEW TRIBUNAL
QG 1 OF 1998
DRUMMOND J
6 AUGUST 1998
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 1 of 1998
ON APPEAL FROM THE IMMIGRATION REVIEW TRIBUNAL
BETWEEN: SOH HAH KAM
(AKA MICHAEL KAM)
Applicant
AND: IMMIGRATION REVIEW TRIBUNAL
Respondent
JUDGE: drummond j
DATE OF ORDER: 6 august 1998
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 1 of 1998
ON APPEAL FROM THE IMMIGRATION REVIEW TRIBUNAL
BETWEEN: SOH HAH KAM
(AKA MICHAEL KAM)
Applicant
AND: IMMIGRATION REVIEW TRIBUNAL
Respondent
JUDGE: drummond j
DATE: 6 august 1998
PLACE: BRISBANE
REASONS FOR JUDGMENT
This is an application to review the decision of the Immigration Review Tribunal given on 4 December 1997, whereby the Tribunal determined to affirm the decision under review by it, which refused the grant of a class 812 (December 1989 (Permanent)) entry permit to the applicant. The relevant legislation is contained in the Migration (1993) Regulations (Cth). Regulation 812.72 provides criteria to be satisfied at the time of application. Regulation 812.722 requires that:
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