Hughes, Margaret Jane v Minister for Immigration & Multicultural Affairs [1998] FCA 1155

FEDERAL COURT OF AUSTRALIA MIGRATION LAW - judicial review of Tribunal decision - remaining relative visa - disqualifying criteria - "overseas near relative" - requirement under s 368 of the Migration Act 1958 (Cth) that Tribunal prepare written statement of reasons and findings of fact - failure of Tribunal to identify evidence on which findings of fact based - default more than insubstantial and a ground for review under par 476(1)(a) of the Migration Act 1958 (Cth). Migration Act 1958 (Cth) ss 29, 40, 41, 45, 46, 65, 354(2), 368, 368(1), 476, 476(4); pars 353(2)(b), 476(1)(a), (e), (g) Migration Regulations 1994 Migration Regulations 1989 Hunt v Minister for Immigration and Ethnic Affairs (1993) 41 FCR 380 -referred to Commonwealth v Pharmacy Guild of Australia (1989) 91 ALR 65 - referred to Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 - referred to Epeabaka v Minister for Immigration and Multicultural Affairs (1997) 150 ALR 397 - referred to Wu v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 432 - considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 - referred to Minister for Immigration and Ethnic Affairs v Pochi (1980) 31 ALR 666 - referred to Bakha v Minister for Immigration and Multicultural Affairs (1997) 48 ALD 657 - followed Raj v Minister for Immigration and Ethnic Affairs (Federal Court of Australia, Davies J, 18 July 1996, unreported, No 694 of 1996) - followed Mohamed v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, Hill J, 11 May 1998, unreported, No 485 of 1998) - followed Thambythurai v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, Finkelstein J, 16 September 1997, unreported, No 998 of 1997) - followed Comcare Australia v Lees (1997) 151 ALR 647 - referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 - referred to McDonald v Director-General of Social Security (1984) 1 FCR 354 - applied Cam Mui Chi v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, Mansfield J, 16 June 1998, unreported, No 692 of 1998) - considered Vines v Djordjevitch (1955) 91 CLR 512 - referred to Eshetu v Minister for Immigration and Multicultural Affairs (1997) FCR 300 - referred to Briginshaw v Briginshaw (1938) 60 CLR 336 - applied Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505 – referred to Kathiresan v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, Gray J, 4 March 1998, unreported, No 159 of 1998) - referred to