Sochorova v Department of Immigration & Multicultural & Indigenous Affairs [2003] FCA 585

FEDERAL COURT OF AUSTRALIA

Sochorova v Department of Immigration & Multicultural & Indigenous Affairs [2003] FCA 585 MIGRATION – family residence visa – remaining relative – application for review of decision of Migration Review Tribunal – whether the Tribunal erred in construction of the statutory definition of 'near relative' – whether the Tribunal failed to consider whether the applicant satisfied the criteria of an 'aged dependent relative'. ADMINISTRATIVE LAW – whether the Tribunal failed to take evidence into account. WORDS AND PHRASES – 'near relative' – 'aged dependent relative'.

Statutes Migration Act 1958 (Cth) s 474 Migration Regulations 1994 (Cth) reg 1.15

Cases Azzi v Minister for Immigration and Multicultural Affairs (2002) 195 ALR 166 Approved Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 Applied Videto v Minister for Immigration and Ethnic Affairs (1985) 8 FCR 167Approved TERZA SOCHOROVA v DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q8 of 2002 KIEFEL J 13 JUNE 2003 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q8 OF 2002

BETWEEN: TERZA SOCHOROVA

APPLICANT

AND: DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 13 JUNE 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The decision of the Migration Review Tribunal of 21 August 2001 be set aside and the matter remitted to the Tribunal, differently constituted, for determination according to law. 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 Q8 OF 2002

BETWEEN: TERZA SOCHOROVA

APPLICANT

AND: DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS