Graovac v Minister for Immigration & Multicultural Affairs [1999] FCA 537

FEDERAL COURT OF AUSTRALIA

Graovac v Minister for Immigration & Multicultural Affairs [1999] FCA 537 IMMIGRATION – applications for Supported Dependent Visa - review of decisions of Minister's delegate - error of law – misinterpretation of "dependent" – interpretation of "financial dependence" – departmental policy incorrect reflection of regulation Acts Interpretation Act 1901 (Cth) s 18A Migration Act 1958 (Cth) ss 31(5), 430(1)(b), 430(1)(c), 475(c), 476(1)(a), 476(1)(e) Migration Regulations (Cth) regs 1.03, 2.01, 2.03, Sch 1 cl 1223, Sch 2 pt 430 Workers Compensation Act 1927 (Tas) Commissioner for Superannuation v Scott (1987) 13 FCR 404 Kauri Timber v Reeman (1973) 128 CLR 187 Jankovich v Minister for Immigration and Ethnic Affairs (1995) 56 FCR 474

JOVANKA GRAOVAC & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 1111 OF 1999 NG 1112 OF 1999

MADGWICK 30 APRIL 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1111 OF 1999

NG 1112 OF 1999

BETWEEN: JOVANKA GRAOVAC

First Applicant

LAZAR GRAOVAC

Second Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: MADGWICK J

DATE OF ORDER: 30 APRIL 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decisions of the respondent by its delegate in relation to the applicants' applications for Supported Dependent Visas are set aside. 2. The matter is referred to the respondent for redetermination by another delegate according to law. 3. The delegate is to afford the applicants a reasonable opportunity to provide any further information relevant to their applications. 4. The respondent is to pay the applicants' costs. 5. Liberty is granted to either party to apply within four days as to the forms of relief hereby granted.