Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wu v Minister for Immigration & Multicultural Affairs [2000] FCA 642
MIGRATION – Migration Act 1958 (Cth) ("the Act") – meaning of 'special need relative' – whether encompasses normal parent/child relationship – whether medical evidence disclosing only minor matters sufficient to justify classification as 'special needs relative' Migration Act 1958 (Cth) s 476 Migration Regulations 1994 r 1.03 Shan E Huang v Minister for Immigration & Ethnic Affairs (Jenkinson, Hill and Lehane JJ, 29 November 1996, unreported) GUI RENG WU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1137 of 1999 BRANSON J SYDNEY 17 MAY 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1137 of 1999
BETWEEN: GUI RENG WU
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: BRANSON J
DATE OF ORDER: 17 MAY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Migration Review Tribunal be affirmed. 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.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1137 of 1999
BETWEEN: GUI RENG WU
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: BRANSON J
DATE: 17 MAY 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 By an application dated 5 October 1999 the applicant ("Ms Wu") has sought review of a decision of the Migration Review Tribunal ("the Tribunal") whereby the Tribunal affirmed a decision to refuse Ms Wu a subclass 806 – Family, (Class AG) Change in circumstances (Residence) visa or any other subclass of visa in the same class. The applicant claims to be a "special need relative" of one or other or both of her de facto husband, Mr Weng, or their infant son, Norris Weng. 2 No grounds of review under s 476(1) of the Migration Act 1958 (Cth) ("the Act") are identified by the application which appears to have been completed without legal assistance. However the respondent did not move for the summary disposal or stay of the proceeding. At the hearing Mr Weng, who is not a legal practitioner, was granted leave to appear on behalf of Ms Wu.
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