Talasinga v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 535

FEDERAL COURT OF AUSTRALIA

Talasinga v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 535 MIGRATION – visa – family visa – special need relative – whether denial of natural justice – statement by Tribunal member at hearing that 'I'm satisfied about the evidence' – Tribunal found it was not satisfied that criterion met at date of application for visa – whether Tribunal misled applicant and caused her not to lead further evidence – whether applicant denied opportunity to lead further evidence – whether error of law – whether emotional, cultural and linguistic needs of nominator relevant – whether Tribunal failed to take emotional, cultural and linguistic needs into account WORDS AND PHRASES – 'special need relative'

Judiciary Act 1903 (Cth) s 39B Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Migration Act 1958 (Cth) ss 351, 359A, 474(2), 477, 479 Migration Regulations 1994 (Cth) item 806 of Sch 2, reg 1.03, Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 (2003) 211 CLR 476 referred to FITALIKA TALASINGA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS, W R WILD (IN HIS CAPACITY AS A MEMBER OF THE MIGRATION REVIEW TRIBUNAL AND STEVE KARAS (IN HIS CAPACITY AS PRINCIPAL MEMBER OF THE MIGRATION REVIEW TRIBUNAL) V 114 of 2003 GRAY J 6 MAY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 114 of 2003

BETWEEN: FITALIKA TALASINGA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

W R WILD (In his capacity as a Member of the Migration Review Tribunal)

SECOND RESPONDENT

STEVE KARAS (in his capacity as Principal Member of the Migration Review Tribunal)