Nassouh v Minister for Immigration & Multicultural Affairs [2000] FCA 788

FEDERAL COURT OF AUSTRALIA

Nassouh v Minister for Immigration & Multicultural Affairs [2000] FCA 788

MIGRATION – review of decision of Immigration Review Tribunal – application for Spouse (Provisional) visa of Subclass 309 – whether applicant for visa and applicant's sponsor were in a married relationship at time of making of application – whether Tribunal was required in forming opinion whether applicant for visa and applicant's sponsor were in a married relationship at time of making of application to have regard to factors set out in reg 1.15A(3) of Migration Regulations – whether Tribunal did so. Migration Act 1958 (Cth) ss 12, 479(a) Marriage Act 1961 (Cth) Pt VA Migration Legislation Amendment Act (No. 1) 1998 (Cth), Sch 1 subitem 42(2) Migration Regulations 1994 (Cth) regs 1.03 and 1.15A(1), (1A), (3), (4), Sch 1 subitem 1220A(4), Sch 2 Pt 309 subc 309.211(2)

Minister for Immigration & Multicultural Affairs v Asif [2000] FCA 228 (Drummond, North and Madgwick JJ, 7 March 2000, unreported) Marshood v Minister for Immigration & Multicultural Affairs [1999] FCA 1415 (Kiefel J, 15 October 1999, unreported)

GHAZWA NASSOUH v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 656 OF 1999 KATZ J 14 JUNE 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 656 of 1999

BETWEEN: GHAZWA NASSOUH

APPLICANT

AND: MINISTER FOR IMMIGRATION

& MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: KATZ J DATE OF ORDER: 14 JUNE 2000

WHERE MADE: SYDNEY

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The decision of the Immigration Review Tribunal of 30 March 1999 be set aside. 2. The matter to which the decision of the Tribunal related be referred to the Migration Review Tribunal for further consideration. 3. The respondent pay the applicant's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.