Hewajayalathge v Jayawardena [2001] FCA 913

FEDERAL COURT OF AUSTRALIA

Hewajayalathge v Jayawardena [2001] FCA 913 Migration Regulations 1994 Sch 2 cl 806

Malik v Minister for Immigration and Multicultural Affairs [1997] FCA 200 applied Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 applied CHINTHAKA THUSHARA HEWAJAYALATHGE v INDRANEE JAYAWARDENA and MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 89 OF 2000 SUNDBERG J 13 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 89 OF 2000

BETWEEN: CHINTHAKA THUSHARA HEWAJAYALATHGE

APPLICANT

AND: INDRANEE JAYAWARDENA

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

SECOND RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 13 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 89 OF 2000

BETWEEN: CHINTHAKA THUSHARA HEWAJAYALATHGE

APPLICANT

AND: INDRANEE JAYAWARDENA

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

SECOND RESPONDENT

JUDGE: SUNDBERG J

DATE: 13 JULY 2001

PLACE: MELBOURNE

EX‑TEMPORE REASONS FOR JUDGMENT BACKGROUND 1 The question for decision in this case is whether the applicant is a "special need relative" of his brother for the purposes of a Change in Circumstance (Residence) (Class AG) visa subclass 806. The Migration Review Tribunal affirmed the decision of the Department to refuse the grant of a visa, and the applicant has applied for review of the Tribunal's decision. The expression "special need relative" is defined in reg 1.03 of the Migration Regulations 1994 as