Mayadeen v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1522

FEDERAL COURT OF AUSTRALIA

Mayadeen v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1522

MIGRATION – review of decision of Migration Review Tribunal – special need relative –care of children – whether failure to address emotional needs as well as learning difficulties amounted to jurisdictional error WORDS AND PHRASES –" integer" Judiciary Act 1903 (Cth) s 39B Migration Regulations 1994 (Cth) reg 1.03 Migration Act 1958 (Cth) s 359A Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 at [42] applied Carlos v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 456 cited CARMELITA CHRISTOBEL MAYADEEN & ANOR V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NO V 516 OF 2003 HEEREY J 19 DECEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V516 OF 2003

BETWEEN: CARMELITA CHISTOBEL MAYADEEN

FIRST APPLICANT

MARINCKA NISHREEN MAYADEEN

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MS GIUSEPPINA HOPKINS (in her capacity as a Member of the Migration Review Tribunal)

SECOND RESPONDENT

MR STEVE KARAS (in his capacity as principal member of the Migration Review Tribunal)

THIRD RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 19 DECEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application is allowed. 2. The decision of the Migration Review Tribunal made on 5 June 2003 is quashed. 3. The matter is remitted to the third respondent for the Tribunal to be reconstituted by a different member to determine the applicants' application according to law. 4. The first respondent pay the applicants' costs to be taxed including reserved costs.