Su v Minister for Immigration & Multicultural Affairs [2001] FCA 1409

FEDERAL COURT OF AUSTRALIA

Su v Minister for Immigration & Multicultural Affairs [2001] FCA 1409

immigration – review of a decision of the Migration Review Tribunal ("the Tribunal") – Tribunal relied on the department's records relating to visa nominator's overseas travel – such material related to whether nominator was a special need relative – applicant not informed of these records and not asked to comment on them – procedure requires Tribunal to inform applicant – failure to comply with procedure an error of law – discretion to refuse relief.

immigration – special need relative definition – whether Tribunal failed to properly apply the definition or interpreted the definition incorrectly – cumulation of loneliness and mental deterioration may amount to serious circumstances – discretion to refuse relief.

Migration Act 1958 (Cth), ss 359A, 379A, 476(1)(a), 476(1)(e), 481(1) Migration Regulations 1994 (Cth), reg 1.03

Carlos v Minister for Immigration & Multicultural Affairs [2001] FCA 310, cited Jun v Minister for Immigration & Multicultural Affairs [2000] FCA 867, cited Wu v Minister for Immigration & Multicultural Affairs [2000] FCA 1817, applied Huang v Minister for Immigration & Ethnic Affairs (1996) 71 FCR 95, referred to Re Minister for Immigration & Multicultural Affairs, Ex parte Cohen (2001) 74 ALJR 542, referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, applied Minister for Immigration & Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343, applied Santa Sabina College v Minister for Education (1985) 58 ALR 527, followed Guo v Minister for Immigration & Multicultural Affairs [2000] FCA 146, referred to TONI SU & ANOR v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N450 of 2001 MADGWICK J 5 OCTOBER 2001

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA