Samarasekera v Minister for Immigration & Multicultural Affairs [2001] FCA 1335

FEDERAL COURT OF AUSTRALIA

Samarasekera v Minister for Immigration & Multicultural Affairs [2001] FCA 1335

UDENI SHARMINI PATRICIA SAMARASEKERA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 623 OF 2001

HILL J 3 SEPTEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 623 OF 2001

BETWEEN: UDENI SHARMINI PATRICIA SAMARASEKERA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 3 SEPTEMBER 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.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 623 OF 2001

BETWEEN: UDENI SHARMINI PATRICIA SAMARASEKERA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE: 3 SEPTEMBER 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant, Mrs Samarasekera, applies to the Court for judicial review under s 476(1) of the Migration Act 1958 (Cth) (the "Act") of a decision of the Migration Review Tribunal (the "Tribunal") affirming a decision of a delegate of the Minister for Immigration and Multicultural Affairs to refuse a grant to her of a Resolution of Status (Temporary) (Class UH) visa, subclass 850. 2 Subdivision 850.21 of Schedule 2 to the Migration Regulations 1994 (Cth) sets out the criteria to be satisfied at the time such a visa application is made. Clause 850.214 provides that one such criterion is that: "(1) The applicant was in Australia for a period this is, or for periods that total, not less than 90% of the period that began on a date when the applicant entered Australia as mentioned in clause 850.212 and ended on the date of the making of the application.