Truong v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1035

FEDERAL COURT OF AUSTRALIA

Truong v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1035

MIGRATION – judicial review – application for review of decision by Migration Review Tribunal – applicant claimed to be "special need relative" of nominator – criteria for visa to be considered both at time application made and at time of decision – Tribunal found that nominator not in need of permanent or long-term assistance at time of application – Tribunal also found that assistance could reasonably be obtained from another – finding of fact lacked cogency – no ground of judicial review made out

Migration Act 1958 (Cth) ss 31(1), 65(1)(a) & (b)

Wu v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 39 at 46 referred to Azzi v Minister for Immigration and Multicultural Affairs (2002) 120 FCR 48 at 90 referred to Jun v Minister for Immigration and Multicultural Affairs [2000] FCA 867 referred to Minister for Immigration and Multicultural Affairs v Epeabaka (1998) 84 FCR 411 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 356 referred to NAMM of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 32 referred to Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 (2003) 198 ALR 59 at 71, and 89-90 referred to

TAN THI PHUONG TRUONG and CONG MIN PHAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

V433 of 2002

WEINBERG J

30 SEPTEMBER 2003

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V443 OF 2002

BETWEEN: TAN THI PHUONG TRUONG

FIRST APPLICANT

CONG MIN PHAN

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT