Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Valdes v Minister for Immigration & Multicultural Affairs [2000] FCA 115
MIGRATION – review of decision of Migration Review Tribunal ("the Tribunal") refusing application for Family (Residence) (Class AO) Visa– whether the Tribunal correctly decided that applicants did not meet criteria for "special need relative" in reg 1.03 of the Migration Regulations 1994 (Cth) - whether the Tribunal failed to observe procedures required by the Migration Act 1958 (Cth) ("the Act") to be observed – whether the Tribunal failed to set out findings on material questions of fact – whether the Tribunal failed to refer to evidence on which its findings were based – whether failure to comply with s 368 of the Act is a failure to comply with procedures required to be observed under s 476(1)(a) of the Act
WORDS & PHRASES – "special need relative" – "other serious circumstances" Migration Act 1958 (Cth), ss 368, 430, 476(1)(a) Migration Legislation Amendment Act 1998 (Cth), s 41 Migration Regulations 1994 (Cth), reg 1.03
Minister for Immigration & Multicultural Affairs v Yusuf [1999] FCA 1681 considered Montes-Granados v Minister for Immigration & Multicultural Affairs [2000] FCA 60 considered Re The Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1 followed Tuamoheloa v Minister for Immigration & Multicultural Affairs [1998] FCA 1046 referred to
Xu v Minister for Immigration & Multicultural Affairs [1999] FCA 1741 considered ENRIQUE VALDES & GERTRUDIS VALDES v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS N 1208 OF 1999 EMMETT J 9 FEBRUARY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1208 OF 1999
BETWEEN: ENRIQUE VALDES AND GERTRUDIS VALDES
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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