Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
James v Minister for Immigration & Multicultural Affairs [2001] FCA 909 Family Law Act (Cth) 1975 s 104 Matrimonial Causes Act 1959 (Cth) ss 28(j)(ii), 36(2), 52, 54 Migration Regulations 1994 Sch 2 cl 806.213 Commonwealth v Baume (1905) 2 CLR 405 applied Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 applied SELLAPPA JOACHIM JAMES v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 170 OF 2001 SUNDBERG J 16 JULY 2001 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 170 OF 2001
BETWEEN: SELLAPPA JOACHIM JAMES
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SUNDBERG J
DATE OF ORDER: 16 JULY 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 170 OF 2001
BETWEEN: SELLAPPA JOACHIM JAMES
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SUNDBERG J
DATE: 16 JULY 2001
PLACE: MELBOURNE
REASONS FOR JUDGMENT
BACKGROUND 1 The question for decision in this case is whether the applicant is an "aged dependent relative" for the purposes of clause 806‑213 of Schedule 2 of the Migration Regulations. That expression is defined in reg 1.03 as
"in relation to a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, … a relative who:
(a) has never married, or is widowed, divorced or formally separated from his or her spouse; and
(b) has been dependent on that person for a reasonable period, and remains so dependent; and
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