Minister for Immigration & Multicultural Affairs v Graovac [1999] FCA 1690

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Graovac [1999] FCA 1690 MIGRATION - whether the trial judge erred in holding that the delegate had incorrectly interpreted the applicable law as to the meaning of "wholly or substantially" - meaning of "substantially" - whether the actual provision of support is an essential element of dependency - whether the trial judge erred in holding that the delegate erroneously restricted herself to considering the source of the applicant's financial support in respect of the "lower order needs of life"

Commissioner for Superannuation v Scott [1989] 13 FCR 404, followed Secretary, Department of Social Security v Wetter (1993) 40 FCR 22, referred to Chakera v IRT (1993) 42 FCR 525, considered Turner v Official Trustee in Bankruptcy (1996) 71 FCR 418, referred to Minister for Immigration & Multicultural Affairs v Pires [1998] 160 ALR 97, followed Aafjes v Kearney (1976) 50 ALJR 454, referred to Re Mrs B (1984) 6 ALD 609, referred to Moon v Minister for Immigration & Multicultural Affairs [1998] FCA 1762, referred to

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v LAZAR GRAOVAC AND JOVANKA GRAOVAC N 458 OF 1999 N 459 OF 1999 EINFELD, BRANSON & HELY JJ 16 DECEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 458 OF 1999

N 459 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Appellant

AND: LAZAR GRAOVAC AND JOVANKA GRAOVAC

Respondents

JUDGE: EINFELD, BRANSON & HELY JJ

DATE OF ORDER: 16 DECEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the appeal be dismissed with costs. Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.