Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alshamali v Minister for Immigration & Multicultural Affairs [1999] FCA 279 IMMIGRATION – cancellation of subclass 100 spouse visa – bigamous marriage – whether, having regard to the regulations dealing with de facto relationships, the Tribunal erred in stating that on the correct information the applicant "would not have been eligible for the grant of a Spouse visa" – circumstances in which, in the context, the word "eligible" was read as referring to the application actually made – application dismissed. Migration Act 1958 (Cwth) – ss 101, 102, 109(1)(c) Migration Regulations – regs 1.15A, 2.41
Minister for Immigration and Ethnic Affairs v Baker (1997) 73 FCR 187, applied Zhang Jia Qing v Minister for Immigration and Multicultural Affairs (1997) 149 ALR 519, referred to Chumbairux v Minister for Immigration and Ethnic Affairs (1986) 74 ALR 480, distinguished Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, applied
SALEEM ALSHAMALI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1059 of 1998 Burchett J 23 March 1999 Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1059 of 1998
BETWEEN: SALEEM ALSHAMALI
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: BURCHETT J
DATE OF ORDER: 23 MARCH 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application be dismissed with costs. 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 NG 1059 of 1998
BETWEEN: SALEEM ALSHAMALI
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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