Kamychenko v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1517

FEDERAL COURT OF AUSTRALIA

Kamychenko v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1517

MIGRATION – visas – Business Skills (Residence) visa – decision of Migration Review Tribunal – judicial review – objection to competency – primary applicant deceased – whether secondary applicants can obtain relief sought despite death of primary applicant – nature of relief sought Migration Regulations 1994 (Cth) Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Succession Act 1981 (Qld)

Phung v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 821 Stephenson v Human Rights and Equal Opportunity Commission (1996) 68 FCR 290 Kalejs v Minister for Justice and Customs (2001) 111 FCR 442; [2001] FCA 1769 V120/00A v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 116 FCR 576; [2002] FCA 264 BORIS KAMYCHENKO, TATIANA KAMYCHENKO AND VASSILI KAMYCHENKO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND MIGRATION REVIEW TRIBUNAL Q203 of 2003 COOPER J 24 NOVEMBER 2004 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q203 OF 2003

BETWEEN: BORIS KAMYCHENKO, TATIANA KAMYCHENKO AND VASSILI KAMYCHENKO

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 24 NOVEMBER 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The proceedings in the name of Boris Kamychenko be struck out with no order as to costs. 2. The application in the name of Tatiana Kamychenko and Vassili Kamychenko be dismissed with no order as to costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.