EC v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 978

FEDERAL COURT OF AUSTRALIA

EC v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 978

MIGRATION — review of decision of the Migration Review Tribunal — Child (Migrant) (Class AH) visa — intercountry adoption — proper construction of requirements of subclass 117 (Orphan Relative) visa STATUTORY CONSTRUCTION — "top‑down" approach — whether temporal order read into legislative requirement WORDS AND PHRASES — "relative", "Australian relative", "orphan relative" Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 46, 65, 475A

Migration Regulations 1994 (Cth), regs 1.03, 1.14, 2.01; Sch 1, item 1108; sch 2 clauses 101.211; 102.211; 117.211, 117.212 Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations 1998 (Cth), reg 5 Migration Amendment Regulations 2002 (No.2) (Cth) Acts Interpretation Act 1901 (Cth), ss 15AA, 15AB and 46 Adoption Act 1984 (Vic), s 67 Migration Amendment Regulations 1998 (No. 7) (1998) (Cth) Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption United Nations Convention on the Rights of the Child New South Wales Law Reform Commission, Review of the Adoption of Children Act 1965 (NSW): Report 81, 1997 EC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 485 of 2004 KENNY J 29 JULY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 485 OF 2004

BETWEEN: EC

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: KENNY J

DATE OF ORDER: 30 JULY 2004

WHERE MADE: MELBOURNE

MINUTE OF ORDER

THE COURT ORDERS THAT: 1. The applicant pay the respondent's costs of the application. 2. (a) The name of the applicant in this proceeding and any other matter reasonably capable of identifying him as the applicant in the proceeding be kept confidential and not be further disclosed other than to the parties, their legal advisers, Court staff, the Migration Review Tribunal and officers of the Commonwealth Department of Immigration and Multicultural and Indigenous Affairs and the State Department of Human Services. (b) The matter be referred to henceforth as "EC v Minister for Immigration and Multicultural and Indigenous Affairs" and any further distribution or dissemination of the reasons for judgment published yesterday be under this name. (c) No person, other than a party to these proceedings or their legal advisers, Court staff, the Migration Review Tribunal and officers of the Commonwealth Department of Immigration and Multicultural and Indigenous Affairs and the State Department of Human Services, be given access to any document filed in the proceeding without leave from a Judge of this Court.