Celik v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1529

FEDERAL COURT OF AUSTRALIA

Celik v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 1529

MIGRATION – permanent residence visa – application by one member of family – based on exceptional record of achievement in occupation of wood-fired baking in Turkish restaurant – whether Migration Review Tribunal erred in failing to deal with case of children born after application – whether error in expressing doubt as to an item of evidence without rejecting it – whether finding that there was no evidence to satisfy Tribunal amounted to a finding that there was no evidence at all – whether open to Tribunal to take into account level of salary of primary applicant Migration Act 1958 (Cth) s 474 Migration Regulations 1994 (Cth) item 805.212(7) Minister for Immigration & Multicultural Afffairs v Yusuf [2001] HCA 30 (2001) 180 ALR 1 at [82] – considered NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 at [636] – [639] – followed VDAA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1071 at [20] – referred to SDAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1022 at [24] – [26] – referred to

R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 598 at 615 – referred to

ZEYNAL CELIK, SEVGI CELIK, AHMET CELIK AND MAHMUT CELIK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 32 of 2002

GRAY J 10 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 32 of 2002

BETWEEN: ZEYNAL CELIK

FIRST APPLICANT

SEVGI CELIK

SECOND APPLICANT

AHMET CELIK

THIRD APPLICANT

MAHMUT CELIK

FOURTH APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS