Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nafeh v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 199 MIGRATION – application for relief in respect of decision of Migration Review Tribunal ('MRT') – Special Eligibility (Residence) (Class AO) Subclass 832 (Close Ties) visa – construction of criterion in subclause 832.212(4)(c) of Schedule 2 to Migration Regulations 1994 (Cth)– 'the greater part of the period that the Minister regards as the applicant's formative years' – whether MRT had correctly construed expression – whether arithmetical calculation called for – meaning of 'formative years'.
STATUTORY INTERPRETATION – subclauses 832.211(3)(c)(iv) and 832.212(4)(c) of Schedule 2 to Migration Regulations 1994 (Cth). WORDS AND PHRASES – 'the greater part of the period' – 'formative years' Migration Regulations 1994 (Cth), Sch 2, Part 832 – subcll 832.211(3)(c)(iv); 832.212(4)(c)
Khan v Minister for Immigration & Ethnic Affairs (1994) 35 ALD 47 cited
MOHAMMAD TAHIR NAFEH v MINISTER FOR IMMIGRATION
& MULTICULTURAL & INDIGENOUS AFFAIRS N 859 of 2003 LINDGREN J 12 MARCH 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 859 OF 2003
BETWEEN: MOHAMMAD TAHIR NAFEH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 12 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 859 OF 2003
BETWEEN: MOHAMMAD TAHIR NAFEH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
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