Jun v Minister for Immigration & Multicultural Affairs [2000] FCA 867

FEDERAL COURT OF AUSTRALIA

Jun v Minister for Immigration & Multicultural Affairs [2000] FCA 867 MIGRATION - application for review of Immigration Review Tribunal - claim by applicant to be a "special need relative" within the meaning of reg 1.03 of the Act - whether applicant's father has "a permanent or long-term need for assistance because of death, disability, prolonged illness or other serious circumstances" affecting him - Tribunal's reference to Procedures Advice Manual - application of relevant government policy guidelines - whether exercise of personal discretionary power at the direction of another person - whether ground of review under s 476(1)(d) established. MIGRATION - application for review of Immigration Review Tribunal - whether failure to address limb of definition of "special need relative" in reg 1.03 - whether applicant's father had a "permanent or long-term need for assistance because of death, disability, prolonged illness or other serious circumstances" - whether error of law under s 476(1)(e). MIGRATION - application for review of Immigration Review Tribunal - definition of "special need relative" in reg 1.03 requires consideration of whether assistance to the applicant's father cannot reasonably be obtained from resources other than those provided by applicant - whether error of law in Tribunal's consideration of that factor - whether ground of review under s 476(1)(e) made out. Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(e) and 5(2)(f) Migration Act 1958 (Cth) ss 65, 368, 430, 476(1)(e), 476(1)(d), 476(1)(g), 476(3)(c), 476(4)(b), 499(1), 499(2), 499(2A) Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998 (Cth) s 2, Sch 1 cl 17 Migration Regulations regs 1.03, 806, 806.213, 806.221(a) Migration Amendment Regulations 1999 (No 13), Statutory Rules 1999 No 259, reg 4, Sch 2 par 2351 Turner v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 388 applied Hindi v Minister for Immigration and Ethnic Affairs (1988) 91 ALR 586 referred to Minister for Immigration and Ethnic Affairs v Teo (1995) 57 FCR 194 cited Huang v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 195 cited Fuduche v Minister for Immigration Local Government and Ethnic Affairs (1993) 45 FCR 515 cited Minister for Immigration and Multicultural Affairs v Chan [2000] FCA 737 applied Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 referred to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 referred to Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681 referred to SANG-YEON JUN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 157 OF 2000 MANSFIELD J 29 JUNE 2000 SYDNEY