Woo v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1596

FEDERAL COURT OF AUSTRALIA

Woo v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1596 MIGRATION – application for Extended Eligibility (Temporary) (Class TK) visa – Migration Review Tribunal ("MRT") found that no spousal relationship existed between the applicant and nominator – whether MRT failed to apply relevant criteria – whether MRT contravened s 359A of the Migration Act 1958 (Cth). Judiciary Act 1903 (Cth), s 39B(1) Migration Act 1958 (Cth), ss 31, 45(1), 65(1), 348(1), 349, 359A, 359(4), 424A, 474 Migration Regulations 1994 (Cth), rr 1.15A, 2.01, 2.03, sched 2 subclass 820 Migration Amendment Regulations 1999 (No. 13) (Cth), No 259 of 1999, reg 5(5)(g), Sched 2 Item 2224 Nader v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 352, cited. Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27, cited. SAAP of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 411, cited. NACL of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 387, cited. NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228, cited. DONG CHEOL WOO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1032 OF 2002 SACKVILLE J SYDNEY 20 DECEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1032 OF 2002

BETWEEN: DONG CHEOL WOO

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 20 DECEMBER 2002

WHERE MADE: SYDNEY

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.