Perera v Minister for Immigration and Multicultural Affairs [2002] FCA 743

FEDERAL COURT OF AUSTRALIA

Perera v Minister for Immigration and Multicultural Affairs [2002] FCA 743

MIGRATION - Review of decision of Migration Review Tribunal - Whether main applicant special needs relative of an Australian citizen - Meaning of "other serious circumstances" in relation to special needs relative - Whether ground of review under s 476(1)(b), (c) or (e) made out - Whether failure of Tribunal to refer to letter from medical practitioner was failure to have regard to additional information in response to request by Tribunal as required by s 359(1) - Whether failure to refer to letter was failure to review decision as required by s 348(1) - Whether s 54 and s 55 require Tribunal to consider information not available to Minister's delegate - Whether ground of review under s 476(1)(a), (b) or (c) made out. Migration Act 1958 (Cth) ss 54, 55, 348(1), 358, 359(1), 368(1), 476(1) Migration Regulations 1994 Regs 1.03, 1.12 Fuduche v Minister for Immigration, Local Government and Ethnic Affairs (1993) 117 ALR 418 Huang v Minister for Immigration and Ethnic Affairs (1996) 71 FCR 95 Tuamoheloa v Minister for Immigration and Multicultural Affairs (unreported, Federal Court, 4 November 1997) Hussein v Minister for Immigration and Multicultural Affairs (unreported, Federal Court, 5 November 1999) Minister for Immigration and Multicultural Affairs v Chan [2000] FCA 537 Minister for Immigration and Ethnic Affairs v Teo (1995) 57 FCR 194 Jun v Minister for Immigration and Multicultural Affairs [2000] FCA 867 Wu v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 39 Chen v Minister for Immigration and Ethnic Affairs (1994) 51 FCR 322 Moskal v Minister for Immigration, Local Government and Ethnic Affairs (1994) 125 ALR 307 Re Minister for Immigration and Multicultural Affairs; Ex parte Cohen (2000) 177 ALR 473 El Bkassini v Minister for Immigration and Multicultural Affairs [2002] FCA 612 Minister for Immigration and Multicultural Affairs v Yusuf 180 ALR 1 Narayan v Minister for Immigration and Multicultural Affairs [2001] FCA 789 Win v Minister for Immigration and Multicultural Affairs [2001] FCA 56 Applicant F v Minister for Immigration and Multicultural Affairs [2001] FCA 304 Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 R v War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 Thirukkumar v Minister for Immigration and Multicultural Affairs [2001] FCA 864)