D'Souza v Minister for Immigration & Multicultural Affairs [2000] FCA 714

FEDERAL COURT OF AUSTRALIA D'Souza v Minister for Immigration & Multicultural Affairs [2000] FCA 714 Migration Act 1966 (Cth) ss 420(2)(b) and 476(1)(a) Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 applied Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 applied Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 applied Saliba v Minister for Immigration and Ethnic Affairs (1998) 89 FCR 38 distinguished Sameh v Minister for Immigration and Multicultural Affairs [2000] FCA 578 distinguished Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567 referred to BENET ANTHONY DÕSOUZA and JOSEPHINE MARY DÕSOUZA v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 10 OF 2000 KIEFEL, NORTH & MANSFIELD JJ 26 MAY 2000 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 10 OF 2000

BETWEEN: BENET ANTHONY D'SOUZA and JOSEPHINE MARY D'SOUZA APPELLANTS AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT JUDGES: KIEFEL, NORTH & MANSFIELD JJ DATE OF ORDER: 26 MAY 2000 WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay to the respondent costs of the appeal to be taxed. 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 10 OF 2000

BETWEEN: BENET ANTHONY D'SOUZA and JOSEPHINE MARY D'SOUZA APPELLANTS AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGES: KIEFEL, NORTH & MANSFIELD JJ DATE: 26 MAY 2000 PLACE: SYDNEY