Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fraser v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1575
MIGRATION – application for review of decision of Migration Review Tribunal – applicant claimed to be "special need relative" of nominator – whether Tribunal misconstrued definition in regulation 1.03 of Migration Regulations 1994 (Cth) – whether Tribunal regarded itself as bound by policy in "Procedures Advice Manual" and failed to have regard to merits of case
Migration Act 1958 (Cth) s 31(1), (3), s 65(1)(a), (b), and Pt 8 Migration Regulations 1994 (Cth) reg 1.03
Drake v Minister for Immigration and Ethnic Affairs (No 2) [1979] 2 ALD 634 referred to Narayan v Minister for Immigration and Multicultural Affairs [2001] FCA 789 followed Braganza v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1542 referred to Wu v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 39 referred to Narayan v Minister for Immigration and Multicultural Affairs [2001] FCA 1745 followed ASHLEY FRANCIS FRASER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V787 of 2001 WEINBERG J 19 DECEMBER 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V787 OF 2001
BETWEEN: ASHLEY FRANCIS FRASER
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: WEINBERG J
DATE OF ORDER: 19 DECEMBER 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V787 OF 2001
BETWEEN: ASHLEY FRANCIS FRASER
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