AB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1227

FEDERAL COURT OF AUSTRALIA AB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1227

MIGRATION – visa – protection visa – unsuccessful application – subsequent application for family visa – whether Court required to refrain from publishing appellant's name in proceeding relating to application for family visa – whether proceeding relates to appellant in her capacity as a person who applied for a protection visa – whether title to proceeding should be changed as a matter of caution MIGRATION – visa – family visa – special need relative – appellant previously applied for Sri Lankan temporary visa – criterion for family visa required that applicant have become a special need relative since last applying for a substantive visa – tribunal found appellant became a special need relative before last applying for Sri Lankan temporary visa – whether tribunal obliged to inform appellant of proposed finding and give opportunity to respond – whether tribunal ignored evidence that appellant became special need relative at a later date Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 91X, 417 Migration Regulations 1994 (Cth) Sch 2 item 806, reg 1.03

Minister for Immigration & Multicultural & Indigenous Affairs v Landers [2003] FCA 1485 distinguished Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57 (2000) 204 CLR 82 applied AB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 1070 of 2003 GRAY J 22 SEPTEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1070 of 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: AB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAY J