Suleyman v Minister for Immigration & Multicultural Affairs [2000] FCA 610

FEDERAL COURT OF AUSTRALIA

Suleyman v Minister for Immigration & Multicultural Affairs [2000] FCA 610 MIGRATION – application for review of a decision of the Refugee Review Tribunal – the Tribunal cancelled applicant's protection visa – whether the matter before the Tribunal was an "action concerning children" which would invoke a legitimate expectation that the best interests of the child be a primary consideration – there is a spectrum of "actions concerning children" depending on the impact on the child – whether the Tribunal treated the best interests of the applicant's child as a primary consideration – a legitimate expectation raises procedural ratheer than substantive obligations and failing to comply is not reviewable by the Federal Court under s 476(2) of the Migration Act 1958 (Cth).

Migration Act 1958 (Cth) ss 101, 107, 108, 109 and 476 Migration Regulations 1994 reg 2.41 United Nations Convention on the Rights of the Child Art 3 and Art 9

Minister for Immigration and Ethnic Affairs v Teoh (1994) 183 CLR 273 followed Minister for Immigration and Multicultural Affairs v Baker (1997) 73 FCR 187 referred to Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1981) 149 CLR 337 referred to ZAKARIYA HARUN SULEYMAN (FARAH) v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 32 of 2000 MATHEWS J 12 MAY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 32 OF 2000

BETWEEN: ZAKARIYA HARUN SULEYMAN (FARAH)

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MATHEWS J

DATE OF ORDER: 12 MAY 2000

WHERE MADE: SYDNEY

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