Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Illankovan v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 220
MIGRATION – visa – Special Eligibility (Residence) (Class AO) visa – application for review of decision of Migration Review Tribunal – whether applicant spent greater part of his formative years in Australia before turning 18 – failure to have regard to report from clinical psychologist – whether constructive failure to exercise jurisdiction.
Migration Act 1958 (Cth) s 48 Migration Regulations 1994 (Cth) regs 2.12, 832.21, 832.212
Nafeh v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 199 cited Nafeh v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 232 cited INDRAJITH ILLANKOVAN v MINISTER FOR IMMIGRATION AND MULCULTURAL AND INDIGENOUS AFFAIRS WAD 234 of 2004 LANDER J 11 MARCH 2005 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD234 OF 2004
BETWEEN: INDRAJITH ILLANKOVAN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LANDER J
DATE OF ORDER: 11 MARCH 2005
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The decision of the Migration Review Tribunal dated 15 September 2004 is quashed. 2. The matter be remitted to the Migration Review Tribunal for further hearing according to law. 3. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD234 OF 2004
BETWEEN: INDRAJITH ILLANKOVAN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LANDER J
DATE: 11 MARCH 2005
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