Carlos v Minister for Immigration & Multicultural Affairs [2001] FCA 1087

FEDERAL COURT OF AUSTRALIA

Carlos v Minister for Immigration and Multicultural Affairs [2001] FCA 1087

MIGRATION – Visa application – Change in Circumstance (Residence) visa – Applicant needed to show she is "not a member and does not reside with, the family unit with which she first entered Australia" – Whether addition of a member to a family unit leads to there being a different family unit – Whether Migration Review Tribunal failed to give the applicant an opportunity to comment on information received by it – Whether a comment on legal position was "information" – Whether Tribunal failed to give applicant access to "written material" given or produced to Tribunal – Whether comment on legal position was "material". Migration Act 1958 ss 359A, 362A. Migration Regulations reg 1.12, Schedule 2 cl 833.22 MARGAUX CARLOS, ROGELIO CARLOS, MYRNA CARLOS, BIANCA CARLOS, PAOLO CARLOS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 269 of 2001 WILCOX, VON DOUSSA and FINKELSTEIN JJ 9 AUGUST 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 269 of 2001

BETWEEN: MARGAUX CARLOS

FIRST APPLICANT

ROGELIO CARLOS

SECOND APPLICANT

MYRNA CARLOS

THIRD APPLICANT

BIANCA CARLOS

FOURTH APPLICANT

PAOLO CARLOS

FIFTH APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WILCOX, VON DOUSSA and FINKELSTEIN JJ

DATE OF ORDER: 9 AUGUST 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay the costs incurred by the respondent in connection with the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.