Elbrow v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 595

FEDERAL COURT OF AUSTRALIA

Elbrow v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 595 MIGRATION – Special Eligibility (Residence) (Class AO Subclass 832 (close ties)) visa – whether applicant, before turning 18, spent the greater part of the period that the Minister regards as the applicant's formative years in Australia – whether guidelines in the Procedure Advice Manual 3 properly applied – whether privative clause decision – application of wrong test by Migration Review Tribunal amounts to jurisdictional error

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 474, 475A The Constitution subs 75(v) Migration Regulations 1994 subcl 832.212(4) of Schedule 2 Plaintiff S157/ 2002 v The Commonwealth of Australia (2003) 211 CLR 476 referred to Craig v The State of South Australia (1995) 184 CLR 163 referred to Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 referred to Sagnata Investments Ltd v Norwich Corporation [1971] 2 QB 614 referred to Lobo v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 200 ALR 359 considered Lobo v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 144 referred to Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 195 ALR 1 cited Scargill v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 53 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Scargill; Minister for Immigration and Multicultural and Indigenous Affairs v Lobo [2004] HCA Trans 21 TINA LOUISE ELBROW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL No Q 165 of 2003 SPENDER J BRISBANE 14 MAY 2004

IN THE FEDERAL COURT OF AUSTRALIA