Wickramasinghe v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 917

FEDERAL COURT OF AUSTRALIA

Wickramasinghe v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 917

dilanka wickramasinghe v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N 462 OF 2002 BRANSON J 16 JULY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 462 OF 2002

BETWEEN: DILANKA WICKRAMASINGHE

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 16 JULY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. There be no order for costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 462 OF 2002

BETWEEN: DILANKA WICKRAMASINGHE

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE: 16 JULY 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This matter was heard together with that of the applicant's sister, Ms Dinithie Wickramasinghe. The applicant in this case is the twin brother of Ms Diluka Wijayakoon ("Ms Wijayakoon"). Ms Wijayakoon nominated both the applicant and Ms Dinithie Wickramasinghe for a Family (Residence) (Class AO) visa on the basis that he was a special need relative. The Tribunal heard the applicant's application for review of the decision refusing him and his wife and child the visa which he sought together with that of Ms Dinithie Wickramasinghe. 2 As in the matter of Ms Dinithie Wickramasinghe the Tribunal concluded that: "There is no evidence that the nominator was unable or found it difficult to look after herself at the time of the visa application."

The applicant in this case advances through his counsel the same complaint with respect to the above finding as was advanced in the matter of Ms Dinithie Wickramasinghe.