Faingataa v Minister for Immigration & Multicultural Affairs [2001] FCA 937

FEDERAL COURT OF AUSTRALIA

Faingata'a v Minister for Immigration & Multicultural Affairs [2001] FCA 937 Migration Regulations 1994 Schedule 2 cl 806.21, 806.212, 806.213 Wu v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 39 cited

PENI TAUSISI FAINGATA'A v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V 747 OF 1999

SUNDBERG J 20 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 747 OF 1999

BETWEEN: PENI TAUSISI FAINGATA'A

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 20 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 747 OF 1999

BETWEEN: PENI TAUSISI FAINGATA'A

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SUNDBERG J

DATE: 20 JULY 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT

BACKGROUND 1 The applicant and his wife are citizens of Tonga. Their daughter is an Australian citizen who nominated her parents for a Family (Residence) (Class AO) visa. One of the subclasses of this class of visa is subclass 806 ‑ Family. The prescribed criteria for this subclass are set out in Part 806 of Schedule 2 to the Migration Regulations 1994 ("the Regulations"). Clause 806.21 specifies the criteria to be satisfied at the time of application. They are:

"806.211 If: (a) the applicant

(i) was in Australia on 1 September 1994; and