Azzi v Minister for Immigration and Multicultural Affairs [2002] FCA 24

FEDERAL COURT OF AUSTRALIA

Azzi v Minister for Immigration and Multicultural Affairs [2002] FCA 24 MIGRATION – family residence visa – special need relative – application for review of decision of Migration Review Tribunal – whether Tribunal erred in construction of statutory definition of special need relative – whether Tribunal breached a duty to make inquiries of applicant – whether Tribunal enabled itself to form required state of satisfaction on visa criterion Migration Act 1958 (Cth) ss 31, 45, 47, 65, 359, 359A, 475(1), 476 Migration Regulations 1984 Schedule 2, Subcl 806 Migration Legislation Amendment Act (No 1) 1998 Acts Interpretation Act 1901 ss 23, 46(1)(a) Administrative Decisions (Judicial Review) Act 1977 (Cth) Re Minister for Immigration and Multicultural Affairs; Ex parte Cohen (2001) 177 ALR 473 applied Fuduche v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 515 referred to Minister for Immigration and Ethnic Affairs v Teo (1995) 57 FCR 194 referred to Chen v Minister for Immigration and Ethnic Affairs (1994) 51 FCR 322 referred to Moskal v Minister for Immigration, Local Government and Ethnic Affairs (1994) 125 ALR 307 referred to Vo'ifalelahi v Minister for Immigration, Local Government and Ethnic Affairs (1996) 65 FCR 52 referred to Tuamoheloa v Minister for Immigration and Multicultural Affairs [1998] FCA 1406 referred to Hussein v Minister for Immigration and Multicultural Affairs [1999] FCA 1621 referred to Singh v Minister for Immigration and Multicultural Affairs [2000] FCA 392 referred to Huang v Minister for Immigration and Ethnic Affairs (1996) 71 FCR 95 referred to Wu v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 29 referred to Minister for Immigration & Multicultural Affairs v Chan [2000] FCA 737 referred to Rahman v Minister for Immigration and Multicultural Affairs [2000] FCA 1277 referred to Jun v Minister for Immigration & Multicultural Affairs [2000] FCA 867 referred to Narayan v Minister for Immigration & Multicultural Affairs [2001] FCA 789 referred to Narayan v Minister for Immigration & Multicultural Affairs [2001] FCA 1745 referred to Su v Minister for Immigration & Multicultural Affairs [2001] FCA 1409 referred to Grant v Repatriation Commission [1999] FCA 1629 referred to Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 referred to Benjamin v Repatriation Commission [2001] FCA 1879 referred to Turner v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 388 referred to Kioa v West (1985 ) 159 CLR 550 referred to Enichem Anic Srl v Anti-Dumping Authority (1992) 111 ALR 178 referred to Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 referred to Luu v Renevier(1989) 91 ALR 39 referred to Detsongjarus v Minister for Immigration and Ethnic Affairs (1990) 21 ALD 139 referred to Minister for Immigration and Ethnic Affairs v Eshetu (1999) 197 CLR 611 referred to Li v Minister for Immigration & Multicultural Affairs [2000] FCA 19; (2000) 96 FCR 125 referred to Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 referred to Kabir and Others v Minister for Immigration and Multicultural Affairs [2001] FCA 248 referred to Yao-Jing v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 275 referred to Al Shamry v Minister for Immigration and Multicultural Affairs [2000] FCA 1679 referred to Li v Minister for Immigration and Multicultural Affairs (1997) 144 ALR 179 referred to Yusuf v Minister for Immigration and Multicultural Affairs (1999) 58 ALD 470 referred to Kulwant Singh v Minister for Immigration and Ethnic Affairs (unreported, 21 November 1996) referred to Majeed v Minister for Immigration and Multicultural Affairs [2000] FCA 470 referred to Mazhar v Minister for Immigration and Multicultural Affairs [2000] FCA 1759 referred to Ahmed v Minister for Immigration v Multicultural Affairs [2001] FCA 506 referred to Hernandez v Minister for Immigration and Multicultural Affairs [2001] FCA 725 referred to W41/01A v Minister for Immigration & Multicultural Affairs [2001] FCA 742 referred to Raheem v Minister for Immigration and Multicultural Affairs [2001] FCA 940 referred to Minister for Immigration & Multicultural Affairs v Amani [1999] FCA 1040 referred to Minister for Immigration and Ethnic Affairs v Singh (1997) 74 FCR 553 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Cassim (2000) 175 ALR 209 referred to Gomez v Minister for Immigration and Multicultural Affairs [2001] FCA 935 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 referred to Jeanette Abdallah Azzi and Joseph Said Azzi v Minister for Immigration and Multicultural Affairs N740 of 2001 ALLSOP J SYDNEY 25 JANUARY 2002