Minister for Immigration & Multicultural & Indigenous Affairs v Hidalgo [2005] FCA 437

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v Hidalgo [2005] FCA 437 MIGRATION – Subclass 835 (Remaining Relative) visa – "overseas near relative" – finding that applicant usually resident in Australia – whether residence in Australia precludes grant of visa Judiciary Act 1903 (Cth) s 39 Migration Act 1958 (Cth) s 475A Migration Regulations 1994 reg 1.15 Migration Amendment Regulations 1999 (No 13) SR No 259 Scargill v Minister for Immigration (2003) 129 FCR 259 discussed Koitaki Para Rubber Estates Ltd v Federal Commissioner of Taxation (1941) 64 CLR 241 cited Minister for Immigration and Multicultural Affairs v Hughes (1998) 86 FCR 567 discussed Gauthiez v Minister for Immigration and Ethnic Affairs (1994) 53 FCR 512 cited Cam v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 14 cited Vines v Djordjevitch (1955) 91 CLR 512 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v YANIRE PAMELA AHUMADA HIDALGO No Q 207 of 2004 SPENDER J 15 APRIL 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 207 OF 2004

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPLICANT

AND: YANIRE PAMELA AHUMADA HIDALGO

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 15 APRIL 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application is dismissed with costs to be taxed if not otherwise agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 207 OF 2004

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS