Minister for Immigration & Multicultural Affairs v Chan [2000] FCA 737

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Chan [2000] FCA 737

CITIZENSHIP AND MIGRATION – Family Residence Visa – special need relative – review of decision of Immigration Review Tribunal – whether error of law in construing special need relative requirement WORDS & PHRASES – "special need relative" Migration Act 1958, Part 8, s 349(2)(c), s 352, s 361, s 475(1)(a), s 476(1)(e) Migration Legislation Amendment (No 1) Act 1998, Schedule 1, Part 2, item 42(2) Migration Regulations, Regulation 1.03, Schedule 2, Part 806

Fuduche v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 515 discussed Vo'ifalelahi v Minister for Immigration, Local Government and Ethnic Affairs (1996) 65 FCR 52 discussed Moskal v Minister for Immigration, Local Government and Ethnic Affairs (1994) 125 ALR 307 discussed Minister for Immigration & Ethnic Affairs v Teo (1995) 57 FCR 194 followed Huang v Minister for Immigration & Ethnic Affairs (1996) 71 FCR 95 referred Tuamoheloa v Minister for Immigration & Multicultural Affairs [1998] FCA 1406 referred Singh v Minister for Immigration & Ethnic Affairs (unreported, von Doussa J, 31 January 1996) referred MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v SHUI WAH CHAN VG 232 of 1998 KENNY J MELBOURNE 5 JUNE 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 232 OF 1998

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Applicant

AND: SHUI WAH CHAN

Respondent

JUDGE: KENNY J

DATE OF ORDER: 5 JUNE 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision of the Immigration Review Tribunal made on 8 May 1998 be set aside. 2. The matter to which the decision relates be referred to the Migration Review Tribunal for further consideration according to law. 3. There be no orders as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.