Lin v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 606

FEDERAL COURT OF AUSTRALIA

Lin v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 606 MIGRATION – Reg 1.15AA – Carer visa – review of MRT decision – whether MRT erred in applying par 1.15AA(1)(e) – asking the wrong question – distinction between reasonably providing assistance and reasonably obtaining assistance – whether MRT ignored relevant material – assistance required for meal preparation – cultural suitability of assistance –whether relevant consideration in assessing whether assistance cannot reasonably be obtained

Migration Regulations 1994 sch 2 cl 116, reg 1.15AA

Craig v State of South Australia (1995) 184 CLR 163 referred to Issa v Minister for Immigration & Multicultural Affairs [2000] FCA 128 considered The Oxford English Dictionary 2nd Edition XI SHENG LIN AND ZHEN FENG LIN v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND MIGRATION REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA

N 1560 of 2003 BRANSON J 13 MAY 2004 ADELAIDE (HEARD IN SYDNEY)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1560 of 2003

BETWEEN: XI SHENG LIN

FIRST APPLICANT

ZHEN FENG LIN

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 13 MAY 2004

WHERE MADE: ADELAIDE (HEARD IN SYDNEY)

THE COURT ORDERS THAT: 1. Order for a writ of certiorari directed to the second respondent quashing the decision of the second respondent. 2. Order for a writ of mandamus directed to the second respondent requiring it to determine the second applicant's application for a visa according to law. 3. The first respondent pay the applicants' costs.