Naidu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1692

FEDERAL COURT OF AUSTRALIA

Naidu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1692 MIGRATION – Reg 1.115AA – Carer's visa – review of Migration Review Tribunal decision – whether Tribunal erred in applying par 1.15AA(1)(e) by asking the wrong question – distinction between whether applicant resident's relatives can reasonably provide assistance and whether applicant can reasonably obtain assistance from those relatives – circumstances in which distinction needs to be drawn – effect of relatives' expressing unwillingness to provide requisite assistance – effect of finding that assistance could be obtained from welfare, hospital, nursing or community services which would suffice in conjunction with that which could reasonably be provided collectively by Australian resident relatives.

Migration Regulations 1994 (Cth) Reg 1.115AA and Sch 2 par 116.22 Lin v Minister for Immigration, Multicultural and Indigenous Affairs [2004] FCA 606 Rafiq v Minister for Immigration, Multicultural and Indigenous Affairs [2004] FCA 564 SFGB v Minister for Immigration, Multicultural and Indigenous Affairs [2003] FCAFC 231 Tran v Minister for Immigration, Multicultural and Indigenous Affairs [2002] FCA 1522 Issa v Minister for Immigration, Multicultural and Indigenous Affairs [2000] FCA 128 Issa v Minister for Immigration, Multicultural and Indigenous Affairs [2002] FCA 933 Minister for Immigration, Multicultural and Indigenous Affairs v Wu Shan Liang (1996) 185 CLR 259 BAL CHANDRA NAIDU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 1118 of 2003

RYAN J

21 DECEMBER 2004

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1118 of 2003

BETWEEN: BAL CHANDRA NAIDU

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS