Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sebastian v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1054
IMMIGRATION – refusal of visa on character grounds – consideration of best interests of child - whether tribunal considered best interests of child
Migration Act 1958 (Cth) s 499, s 501 Judiciary Act 1903 (Cth) s 39B Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B)
Perez v Minister for Immigration and Multicultural Affairs (2002) 119 FCR 454 referred Vaitaiki v Minister for Immigration and Ethnic Affairs (1997) 150 ALR 608 referred Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133 distinguished Minister for Immigration and Ethnic Affairs v Teoh (1994) 183 CLR 273 distinguished Rokobatini v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 583 followed Turini v Minister for Immigration and Multicultural Affairs [2001] FCA 822 followed Shelley Sebastian v Minister for Immigration and Multicultural and Indigenous Affairs N 932 of 2004 Jacobson J 20 August 2004 Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 932 of 2004
BETWEEN: SHELLEY SEBASTIAN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: JACOBSON J
DATE OF ORDER: 20 AUGUST 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceedings. 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 N932 of 2004
BETWEEN: SHELLEY SEBASTIAN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
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