Zahid v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 670

FEDERAL COURT OF AUSTRALIA

Zahid v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 670 MIGRATION – "special need relative" – whether MRT erred in finding that nominator did not have a long-term need for assistance – whether MRT erred in finding that applicant was not willing and able to provide substantial and continuing assistance. PRACTICE AND PROCEDURE – whether applicant should be referred for advice pursuant to Federal Court Rules, O 80. Judiciary Act 1903 (Cth), s 39B(1) Migration Act 1958 (Cth), s 31(1), 32(2), 65(1), 65(2), 474 Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Migration Regulations 1994 (Cth), rr 1.03, 1.15, schedule 2 sub-class 806 Statutory Rule 259 of 1999 Statutory Rule 306 of 1998 Federal Court Rules, O 80 r 4(1) Re Minister for Immigration and Multicultural Affairs; Ex parte Cohen (2001) 177 ALR 473, cited. Narayan v Minister for Immigration and Multicultural Affairs [2001] FCA 789, cited. Narayan v Minister for Immigration & Multicultural Affairs [2001] FCA 1745, cited. Azzi v Minister for Immigration & Multicultural Affairs [2002] FCA 24, cited. MOHAMMED ZAHID v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 91 of 2002 SACKVILLE J SYDNEY 30 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 91 OF 2002

BETWEEN: MOHAMMED ZAHID

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 30 MAY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The proceedings be stood over for directions on 28 June 2002 at 9-30 am. 2. The applicant be referred to the Registrar pursuant to O 80 r 4(1) of the Federal Court Rules for the purpose of receiving advice, such advice being limited to the question of whether the applicant has a claim for relief under s 39B(1) of the Judiciary Act 1903 (Cth)by reason of the Migration Review Tribunal not finding that he was a "remaining relative" within the meaning of cl 806.213 of schedule 2 to the Migration Regulations 1994 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.