Terera v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1570

FEDERAL COURT OF AUSTRALIA

Terera v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1570

MIGRATION – no further stay condition on tourist visa – application for waiver of condition 8503 - whether compelling and compassionate circumstances developed since grant of visa – whether delegate took into account irrelevant considerations – delegate asked the wrong question – whether child applicant's mother's marriage in his control – whether foreseeability of circumstances a disqualifying factor

Craig v South Australia (1995) 184 CLR 163 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 applied M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 199 ALR 290 referred to Schaap v Minister for Immigration and Multicultural Affairs (2000) 63 ALD 65 followed Naidu v Minister for Immigration and Multicultural Affairs [2000] FCA 951 followed Thongpraphai v Minister for Immigration and Multicultural Affairs [2000] FCA 1590 referred to Nguyen v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 169 distinguished Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 referred to Ann Sanson (ed), Children's Health and Development: New Research Directions for Australia (Australian Institute of Family Studies, Research Report No 8) H Rudolf Schaffer, Making Decisions about Children: Psychological Questions and Answers (Blackwell, 1992 reprint) Lois J Aspin, The Family. An Australian Focus (Longman Chesire, 3rd ed, 1994) Paul R Amato, Children in Australian Families: the Growth of Competence (Prentice Hall, 1987) Robyn McKay (Executive Director, Families, Commonwealth Department of Family and Community Services) "Children, Families and Communities – the Investment Partnership", 5th National Parenting Conference, University of Melbourne, 22 November 2001 CHENGETAI MUFUDZI TERERA (A MINOR) BY HIS NEXT FRIEND JANET TERERA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 104 of 2002 KENNY J 23 DECEMBER 2003 MELBOURNE