Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Narayan v Minister for Immigration & Multicultural Affairs [2001] FCA 789
MIGRATION – whether error of law or improper exercise of power – "special need relative" – whether the Migration Review Tribunal misconstrued definition – whether Tribunal inflexibly adhered to policy. MIGRATION –"remaining relative" – whether MRT incorrectly applied onus.
Migration Act, ss 31(1), 32(2), 65(1), 65(2), 353(2)(a), 476(1)(d), (e), 476(3)(c). Migration Regulations 1994 (Cth), rr 1.03, 1.15, schedule 2 sub-class 806. Statutory Rule 259 of 1999 Statutory Rule 306 of 1998 Re Minister for Immigration and Multicultural Affairs, Ex parte Cohen (2001) 177 ALR 473, applied. Tuanmoheloa v Minister for Immigration and Multicultural Affairs, (unreported, 4 November 1998), cited. Succary v Minister for Immigration and Multicultural Affairs (1997) 48 ALD 616, cited. Hussein v Minister for Immigration and Multicultural Affairs [1999] FCA 1621, cited. Sanwant Singh (IRT V97/00941, 20 April 1998), cited. Minister for Immigration and Multicultural Affairs v Hughes (1998) 86 FCR 567, cited. Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1, cited. Fuduche v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 515, cited. Minister for Immigration and Ethnic Affairs v Teo (1995) 57 FCR 194, cited. Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259. Huang v Minister for Immigration and Multicultural Affairs (1996) 71 FCR 95, cited. Wu v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 39, cited. Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634, cited. Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189, cited. Yong v Minister for Immigration & Multicultural Affairs [2000] FCA 1391, cited. Lal v Minister for Immigration & Multicultural Affairs [2000] FCA 1488, cited. Cross on Evidence (6th Aust ed). Procedures Advice Manual 3 ANNE RAGINI NARAYAN & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N482 of 2001 SACKVILLE J SYDNEY 28 JUNE 2001
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