Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mohamad v Minister for Immigration & Multicultural Affairs [2001] FCA 939
KHADIJE MOHAMAD MOHAMAD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 239 of 2001
MADGWICK J 5 JULY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N239 of 2001
BETWEEN: KHADIJE MOHAMAD MOHAMAD
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 5 JULY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. Costs be reserved. 3. The matter be listed for hearing as to costs on 8 August 2001 at 9:30am.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N239 of 2001
BETWEEN: KHADIJE MOHAMAD MOHAMAD
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 5 JULY 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR:
Background 1 This is an unfortunate case. The applicant is an elderly citizen of Lebanon, a woman in her 70's and, it would seem, suffering some of the slings and arrows of outrageous bodily fortune that age brings. She is the mother of 11 children, eight of whom have come to Australia. All 11 have emigrated from Lebanon. The eight who came to Australia, according to the documents, came here and were accepted into the Australian community as either refugees or for humanitarian reasons. Presumably they fled the strife that has so afflicted the Lebanese people for the last few decades. 2 The applicant applied to come to Australia to visit her family. The Department of Immigration & Multicultural Affairs officials foresaw what was not hard to foresee, namely that, once the applicant came to Australia, she would be likely not to want to leave. In consequence, the respondent Minister's delegates imposed a condition on her visitor's visa, as they were empowered to do, that: "The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia."
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