Naiker v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 888

FEDERAL COURT OF AUSTRALIA

Naiker v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 888 MIGRATION - appeal from a decision of the Migration Review Tribunal ("MRT") – MRT affirmed decision of Minister's delegate that applicant not entitled to a Family (Residence) (Class AO) visa – privative clause decision – applicant citizen of Fiji – applicant claimed to be a special need relative of her daughter, who is an "eligible New Zealand citizen" – daughter 3 months old at time of application – whether daughter was "settled" for purposes of Migration Regulations 1994 (Cth) Regulation 1.03 – whether MRT incorrectly interpreted the law – whether MRT committed a jurisdictional error by identifying a wrong issue or asking itself a wrong question

WORDS & PHRASES – "settled" Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 474(2) Migration Regulations 1994 (Cth) Reg 1.03

Re Minister for Immigration & Multicultural Affairs; Ex Parte Cohen (2001) 177 ALR 473 applied Wu v Minister for Immigration & Multicultural Affairs (2000) 105 FCR 3 referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 referred to Director-General v SHR (2001) 27 Fam LR 670 considered Re B (Minors) (Abduction) (No 2) [1993] 1 FLR 993 considered Telstra Corporation Ltd v Seven Cable Television Pty Ltd (2000) 102 FCR 517 referred to Owners of 'Shin Kobe Maru' v Empire Shipping Co Inc (1994) 181 CLR 404 applied Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Re S (2000) 142 ACTR 12 applied NAAG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 713 followed NALINI DEVI NAIKER v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 426 OF 2002 HELY J 18 JULY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA