Aslaner v Minister for Immigration & Multicultural Affairs [2003] FCA 505

FEDERAL COURT OF AUSTRALIA

Aslaner v Minister for Immigration & Multicultural Affairs [2003] FCA 505 MIGRATION – family visa – special need relative – criteria to be satisfied at time of application and at time of decision – whether applicant willing and able to provide substantial and continuing assistance to nominator – Migration Review Tribunal found not satisfied at time of application – whether tribunal erred in relying on evidence of facts subsequent to application – whether tribunal failed to have regard to evidence – whether tribunal bound to consider if criteria to be satisfied at time of decision were satisfied – finding that it had not been shown that any assistance required was not available from sources other than applicant – whether failure to make specific finding that applicant willing and able to provide substantial and continuing assistance invalidated decision – whether tribunal misinterpreted substantial assistance – whether tribunal applied wrong standard of proof

Migration Regulations 1994 (Cth) reg 1.03, item 806, Sch 2 Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S134/2002 [2003] HCA 1 (2003) 195 ALR 1 cited Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 (2003) 195 ALR 24 cited Narayan v Minister for Immigration & Multicultural Affairs [2001] FCA 1745 referred to OZGUL ASLANER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 217 of 2002 GRAY J 22 MAY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 217 of 2002

BETWEEN: OZGUL ASLANER

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 22 MAY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.