Taslim v Secretary, Department of Family & Community Services [2004] FCA 789

FEDERAL COURT OF AUSTRALIA

Taslim v Secretary, Department of Family & Community Services [2004] FCA 789 ADMINISTRATIVE LAW – application for Transitional Residence Certificate – meaning of 'residence' – whether error of law. Judiciary Act 1903 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Social Security Act 1991 (Cth) Commissioner of Taxation v Miller (1946) 73 CLR 93 cited Gauthiez v Minister for Immigration & Ethnic Affairs (1994) 53 FCR 512 discussed Nessa v Chief Adjudication Officer [1999] 1 WLR 1937 cited Scargill v Minister for Immigration & Multicultural & Indigenous Affairs(2003) 75 ALD 53 discussed KARAR TASLIM v SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES, DR M THORPE, MEMBER, ADMINISTRATIVE APPEALS TRIBUNAL AND ADMINISTRATIVE APPEALS TRIBUNAL N 154 OF 2004 BEAUMONT J 22 JUNE 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 154 OF 2004

BETWEEN: KARAR TASLIM

APPLICANT

AND: SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES

FIRST RESPONDENT

DR M THORPE, MEMBER, ADMINISTRATIVE APPEALS TRIBUNAL

SECOND RESPONDENT

ADMINISTRATIVE APPEALS TRIBUNAL

THIRD RESPONDENT

JUDGE: BEAUMONT J

DATE OF ORDER: 22 JUNE 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondents' 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 154 OF 2004

BETWEEN: KARAR TASLIM

APPLICANT

AND: SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES

FIRST RESPONDENT

DR M THORPE, MEMBER, ADMINISTRATIVE APPEALS TRIBUNAL

SECOND RESPONDENT