Abeyesinghe V Minister For Immigration And Multicultural And Indigenous Affairs [2004] FCA 1558

FEDERAL COURT OF AUSTRALIA

Abeyesinghe V Minister For Immigration And Multicultural And Indigenous Affairs [2004] FCA 1558 MIGRATION – appeal from judgment of the Federal Magistrates Court - Change of Circumstance (Residence) (Class AG) visa – definition of "special need relative" – whether jurisdictional error – no error shown - no question of principle Federal Court of Australia Act 1976 (Cth) ss 24, 25, 27 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 29, 31, 65, 475A Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Migration Regulations 1994 (Cth) regs 1.03, 1.08 Migration Amendment Regulations (No 2) 1994 (Cth) Farrington v Deputy Commissioner of Taxation [2002] FCA 1013 referred to Low v Commonwealth of Australia [2001] FCA 702 referred to Allesch v Maunz (2000) 203 CLR 172 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Jia (2001) 205 CLR 507 referred to Coal & Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 discussed Lobo v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 132 FCR 93 cited Scargill v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 116 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1986) 185 CLR 259 followed WAHP v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 87 referred to DEIDRE ABEYESINGHE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 286 of 2004 KENNY J 1 DECEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 286 OF 2004

on appeal from the federal magistrates court

BETWEEN: DEIDRE ABEYESINGHE