Wu v Minister for Immigration & Multicultural Affairs [2000] FCA 1817

FEDERAL COURT OF AUSTRALIA

Wu v Minister for Immigration & Multicultural Affairs [2000] FCA 1817

MIGRATION – appellant sought visa on the basis of being a "special need relative" in relation to her infant Australian child – meaning of "special need relative" – meaning of "other serious circumstances" COURTS – precedent – whether construction of regulation formed part of ratio – circumstances in which a Full Court can adopt a different construction of a statutory provision from an earlier Full Court WORDS AND PHRASES – "special need relative", "other serious circumstances"

Migration Regulations 1994 (Cth) reg 1.03

Chen v Minister for Immigration and Ethnic Affairs (No 2) (1994) 51 FCR 322 considered Huang v Minister for Immigration and Ethnic Affairs (1996) 71 FCR 95 not followed Bristol-Myers Squibb Company v F H Faulding & Co Ltd (2000) 97 FCR 524 considered Woolworths Ltd v Commissioner of Taxation [1999] FCA 102 considered Telstra Corporation Limited v Treloar [2000] FCA 1170 considered GUI RONG WU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 813 OF 2000 HEEREY, MOORE AND GOLDBERG JJ 15 DECEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 813 OF 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: GUI RONG WU

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: HEEREY, MOORE AND GOLDBERG JJ

DATE OF ORDER: 15 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the primary judge be set aside. 3. The matter be remitted to the Migration Review Tribunal for reconsideration according to law. 4. The respondent pay such legal costs as may have been incurred by the appellant in the appeal and in the proceedings before the primary judge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.