Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hsieh v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1553
MIGRATION – privative clause decision – review of Migration Review Tribunal decision to refuse to grant a Subclass 806 Special Eligibility (Residence) (Class AO) visa – applicant's children Australian citizens – no evidentiary basis for allegations of bad faith – mere tender age of person insufficient to constitute "special need relative" – open to the Tribunal on the evidence to find that applicant's daughter was not a "special need relative"
Migration Act 1958 (Cth) s 474 Judiciary Act 1903 (Cth) s 39B(1)
Migration Regulations 1994 (Cth) reg 1.03, Schedule 2 Subclass 806
NABM v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 294 at [24] referred to Kan v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 923 referred to Arthur Yates & Co Pty Ltd v The Vegetable Seeds Committee (1945) 72 CLR 37 at 77 and 82-84 cited Huang v Minister for Immigration & Ethnic Affairs (1996) 71 FCR 95 applied HSING-FANG HSIEH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q 145 OF 2002
DRUMMOND J 13 DECEMBER 2002 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 145 OF 2002
BETWEEN: HSING-FANG HSIEH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: DRUMMOND J
DATE OF ORDER: 13 DECEMBER 2002
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 145 OF 2002
BETWEEN: HSING-FANG HSIEH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
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