Xie v Minister for Immigration & Multicultural Affairs [2000] FCA 230

FEDERAL COURT OF AUSTRALIA

Xie v Minister for Immigration & Multicultural Affairs [2000] FCA 230 MIGRATION – judicial review – applicant for Subclass 450 Resolution of Status (Temporary) visa – criteria for grant of visa – whether applicant 'dependent' on father – Migration Regulations 1994 reg 1.03 – Procedures Advice Manual 3 ("PAM Guidelines") – whether Minister's delegate erred in law by applying PAM Guidelines as though legislation. MIGRATION – judicial review – whether decision of Minister's delegate "induced or affected … by actual bias" – relevant principles. Migration Act 1958 (Cth) Pt 8 Migration Regulations 1994 reg 1.03

Minister for Immigration and Ethnic Affairs v Conyngham (1986) 11 FCR 528 at 540-1, 542 referred to Minister for Immigration and Multicultural Affairs v Pires (1998) 90 FCR 214 at 219-220 referred to Sun Zhan Qui v Minister for Immigration and Multicultural Affairs (1997) 81 FCR 71 at 127, 134 applied Bilgin v Minister for Immigration and Multicultural Affairs (1997) 149 ALR 281 at 289, 290 referred to Jia Le Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951 referred to R v Australian Stevedoring Industry Board; ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100 at 116 referred to Kaycliff Pty Ltd v Australian Broadcasting Tribunal (1989) 90 ALR 310 at 317 referred to SONG XIE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 130 of 1999 WEINBERG J 9 MARCH 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 130 of 1999

BETWEEN: SONG XIE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 9 MARCH 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.