Minister for Immigration & Multicultural Affairs v Hughes [1999] FCA 325

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Hughes [1998] FCA 325

MIGRATION LAW – Application for remaining relative visa – whether applicant disqualified by reason of not establishing that he or she usually reside in the same country as overseas near relative – whether Immigration Review Tribunal's reasons for decision adequately referred to the evidence or material on which the findings of fact were based. Migration Act 1958 (Cth) ss 368(1), 476(1)(a) Migration Regulations 1994 regs 1.15, 1.15(2)(a)(i) Nguyen v Minister for Immigration and Multicultural Affairs (1998) 158 ALR 639 – considered Rahim v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 223 – cited Wasfi v Commonwealth of Australia (1998) 155 ALR 310 – considered Santa Sabina College v Minister for Education (1985) 58 ALR 527 – cited Vines v Djordjevitch (1955) 91 CLR 512 – distinguished Cam Mui Chi v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, Mansfield J, 16 June 1998) – not followed Minister of State for the Army v Dalziel (1944) 68 CLR 261 - distinguished Commissioner of Stamp Duties v Attwell [1973] AC 558 – distinguished MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v HUGHES WAG 153 of 1998 CARR, RD NICHOLSON & MERKEL JJ 31 MARCH 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 153 OF 1998

BETWEEN: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Appellant

AND: MARGARET JANE HUGHES

Respondent JUDGE: CARR, RD NICHOLSON AND MERKEL JJ

DATE OF ORDER: 31 MARCH 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the costs of and incidental to the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.