Issa v Minister for Immigration & Multicultural Affairs [2000] FCA 128

FEDERAL COURT OF AUSTRALIA

Issa v Minister for Immigration & Multicultural Affairs [2000] FCA 128 IMMIGRATION – application to review decision of Migration Review Tribunal to refuse "special need relative" visa – whether Tribunal erred by asking whether assistance could reasonably be provided to the applicant rather than asking whether "assistance cannot reasonably be obtained" by her – costs of application.

WORDS AND PHRASES – "reasonably be obtained" Montes-Granados v Minister for Immigration and Multicultural Affairs [2000] FCA 60, applied FATIMA ISSA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1296 of 1999 MADGWICK J SYDNEY 4 FEBRUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1296 OF 1999

BETWEEN: FATIMA ISSA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 4 FEBRUARY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is dismissed. 2. No order is made as to costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1296 OF 1999

BETWEEN: FATIMA ISSA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE: 4 FEBRUARY 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 This is yet another hard immigration case. It concerns an application by Mrs Maha Issa, whom I will call Maha, to be granted a Preferential Family Visa under subclass 104 of the Regulation to the Migration Act 1958 (Cth) ("the Act") (since repealed) as a "special need relative" of her mother, Mrs Fatima Issa, who was the review applicant before the Migration Review Tribunal ("the Tribunal"), and who is the applicant in these proceedings. I will call the review applicant Mrs Issa.