Nassif v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 481

FEDERAL COURT OF AUSTRALIA

Nassif v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 481 IMMIGRATION LAW – application for review of decision of Migration Review Tribunal – Migration Regulations 1994 (Cth) Schedule 2 cl 845.215 – Established Business in Australia visa – meaning of 'main business or main businesses' - whether Tribunal assumed 'main business' must be a single business entity – whether applicant's claim limited to main business identified on application form – inquisitorial role of Tribunal – whether Tribunal failed to respond to case advanced by applicant - family companies operating together

WORDS AND PHRASES – 'main business','main business or main businesses'

Migration Act 1958 (Cth) s 134(10) Judiciary Act 1903 (Cth) s 39B Migration Regulations 1994 (Cth) rr 1.03, 1.11, Schedule 2

Re Australian Industrial Relations Commission; ex parte Australian Transport Officers Federation (1990) 171 CLR 216 cited Muin v Refugee Review Tribunal [2002] HCA 30; 190 ALR 601 cited Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 referred to Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; 195 ALR 24 cited NAEB of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 25 cited SBAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1076 cited Oxford English Dictionary, 2nd edn Macquarie Dictionary, 2nd edn BAKHOS KHAZEN NASSIF v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1428 of 2002 BRANSON J 20 MAY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1428 of 2002

BETWEEN: BAKHOS KHAZEN NASSIF

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT