Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Abing v Minister for Immigration & Multicultural Affairs [2000] FCA 1217
LUZVIMINDA ABING v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N1340 of 1999 JUDGE: BEAUMONT J DATE: 29 AUGUST 2000 PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1340 OF 1999
BETWEEN: LUZVIMINDA ABING
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BEAUMONT J
DATE OF ORDER: 29 AUGUST 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Application be dismissed, with 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 N1340 OF 1999
BETWEEN: LUZVIMINDA ABING
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BEAUMONT J
DATE: 29 AUGUST 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
iNTRODUCTION 1 The Migration Review Tribunal ("the Tribunal") affirmed a decision of the Minister's delegate refusing a "Special Need Relative" visa under subclass 806.213. The applicant, a citizen of the Philippines, now seeks judicial review of the Tribunal's decision, which was given on 18 October 1999. 2 The relevant primary criteria are as follows: "806.213 [That] (t)he applicant is a Special Need Relative of another person who: (a) is a settled Australian citizen; and (b) is usually resident in Australia; and (c) has nominated the applicant for the grant of a visa."(emphasis added) 3 The applicant was nominated by her sister, Mrs Veronica Gonzales. 4 Before the Tribunal, no issue arose in respect of (a), (b) or (c), above. The area of contention centred on the definition of "Special Need Relative" in Reg 1.03 of the Migration Regulations, relevantly as follows:
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