Ahmed v Minister for Immigration & Multicultural Affairs [2001] FCA 1101

FEDERAL COURT OF AUSTRALIA

Ahmed v Minister for Immigration & Multicultural Affairs [2001] FCA 1101

MIGRATION – appeal from decision of Migration Review Tribunal – family (residence) (class AO) visa application – whether applicants special need relatives – duty of Tribunal to appoint interpreter under s 366C(3) of Migration Act 1958 (Cth) – whether failure to appoint interpreter gives rise to ground of review – whether Tribunal complied with requirement by requesting applicants' daughter to act as translator where daughter also gave evidence Migration Act 1958 (Cth) ss 360, 361, 366C, 476(1)(a) Stone v Minister for Immigration and Ethnic Affairs [1996] FCA 547 cited Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 cited Phan v Minister for Immigration and Multicultural Affairs [2000] FCA 89 cited Cotofan v Minister for Immigration and Multicultural Affairs [2000]FCA 1042 cited Long v Minister for Immigration and Multicultural Affairs [2000] FCA 1172 cited Singh v Minister for Immigration and Multicultural Affairs [2000] FCA 1858 cited

MUSHTAQ AHMED and KAMRUL NISA AHMED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 129 OF 2001

HILL J

20 JULY 2001

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 129 OF 2001

BETWEEN: MUSHTAQ AHMED

FIRST APPLICANT

KAMRUL NISA AHMED

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 20 JULY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicants pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA