Tenorio v Minister for Immigration & Multicultural Affairs [2001] FCA 917

FEDERAL COURT OF AUSTRALIA

Tenorio v Minister for Immigration & Multicultural Affairs [2001] FCA 917 MIGRATION – application for Family (Residence) (Class AO) as a "special need relative" – where applicant's father is citizen of Australia and suffers from prolonged illness – where applicant has six siblings who reside in Australia – where Migration Regulations 1994 defines "special need relative" as "a relative who is willing and able to provide substantial and continuing assistance …" – where Department of Immigration and Multicultural Affairs guidelines provide assessment criteria for "who is willing and able to provide substantial and continuing assistance" – whether Refugee Review Tribunal misapplied criteria by defining "substantial and continuing assistance" as "full time or 24 hour care" WORDS & PHRASES – "substantial and continuing assistance" Migration Act 1958 (Cth) s 476(a), (e), (g) Migration Regulations 1994 (Cth) r 1.03 Tillmanns Butcheries Pty Ltd v Australasian Meat Industry Employees' Union (1979) 27 ALR 367 referred to Department of Immigration and Multicultural Affairs Procedures Advice Manual Part 1, Division 1.2, Regulation 1.03, Interpretation – Special Needs Relative PENELOPE TENORIO v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 296 OF 2001 EMMETT J 16 JULY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 296 OF 2001

BETWEEN: PENELOPE TENORIO

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 16 JULY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.