Fakatava v Minister for Immigration & Multicultural Affairs [1999] FCA 1477

FEDERAL COURT OF AUSTRALIA

Fakatava v Minister for Immigration & Multicultural Affairs [1999] FCA 1477

MIGRATION - Review of a decision from the Immigration Review Tribunal to not grant a Change in Circumstances (Residence) (Class AG) Subclass 806 (Family) Visa - whether there is any discretion exercisable in relation to Schedule 3, clause 3002 the "12 months rule" of the Migration Regulations - the effect, if any, of children born in Australia.

Migration Act 1958 (Cth) ss 31(3), 45, 65(1), 347, 349(2)(c), 351, 381, 476, 481, 486 Migration Regulations 806.212 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3(4)(a)(i), 18A

Sikahele v Minister for Immigration and Multicultural Affairs [1998] FCA 1453 Appl Holani v Minister for Immigration and Multicultural Affairs [1999] FCA 484 Cited; on appeal [1999] FCA 707 Foll Capistrano v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 154 Cons Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Ex Re East; Ex parte Nguyen (1998) 159 ALR 108 Foll

TAUFA FAKATAVA v MINISTER FOR IMMIGRATION AND MULTICULTURAL

AFFAIRS NO N450 OF 1999 COOPER J BRISBANE (HEARD IN SYDNEY) 28 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N450 OF 1999

BETWEEN: TAUFA FAKATAVA

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: COOPER J

DATE OF ORDER: 28 OCTOBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs of and incidental to the application to be taxed if not agreed 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 N450 OF 1999