McNamara v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1096

FEDERAL COURT OF AUSTRALIA

McNamara v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1096 ELIZABETH JANE McNamara v Minister for Immigration & Multicultural & Indigenous Affairs & ANOR N 2356 OF 2003 WHITLAM J 25 AUGUST 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 2356 of 2003

BETWEEN: ELIZABETH JANE McNAMARA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: WHITLAM J

DATE OF ORDER: 25 AUGUST 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed with 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 2356 of 2003

BETWEEN: ELIZABETH JANE McNAMARA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: WHITLAM J

DATE: 25 AUGUST 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application under s 39B of the Judiciary Act 1903 in respect of the decision of the Migration Review Tribunal ('the Tribunal') made on 19 November 2003 refusing to grant the applicant a Partner (Temporary) (Class UK) visa. Prescribed criteria for such a visa are set out in Pt 820 of Sch 2 to the Migration Regulations 1994, where cl 820.211 prescribes the primary criteria to be satisfied at time of application. One such criterion in this case was that in subcl 820.211(2), which relevantly provides: '(2) An applicant meets the requirements of this subclause if: …