De Souza v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1636

FEDERAL COURT OF AUSTRALIA De Souza v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1636

MIGRATION – application for certiorari quashing respondent's decision to refuse the applicant an Aged Parent (Residence) (Subclass 804) visa – balance of family test – principles for making order by consent setting aside the decision of the respondent. Migration Act 1958 (Cth) ss 476, 481, 481 Migration Regulations 1994 (Cth) reg. 1.05(2)(b)(i) Federal Court of Australia Act 1976 (Cth) s23 Federal Court Rules O 35 r 10 Xiao v Minister for Immigration & Multicultural Affairs (2001) 109 FCR 129 cited Yulianti v Minister for Immigration & Multicultural Affairs [2001] FCA 142 cited Sanchez v Minister for Immigration & Multicultural Affairs [1999] FCA 265 cited Takli v Minister for Immigration & Multicultural Affairs [2000] FCA 1186 cited Khan v Minister for Immigration & Multicultural Affairs [2001] FCA 1674 cited FLAVIANA DE SOUZA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W350 OF 2002

LEE J 7 OCTOBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W350 OF 2002

BETWEEN: FLAVIANA DE SOUZA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 7 OCTOBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. A writ of certiorari be issued quashing the decisions of the Migration Review Tribunal made on 27 November 2002 that affirmed the respondent's decision not to grant the applicant an Aged Parent Visa. 2. The applicant's application for a visa be remitted to the Migration Review Tribunal for determination according to law. 3. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.