SZAVP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1000

FEDERAL COURT OF AUSTRALIA

SZAVP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1000

MIGRATION – estranged wife and her four children in lengthy period of residence in Australia – children living and educated for many years in Australia – appellant now married to Australian citizen – appeal dismissed – recommendation for Ministerial reconsideration on humanitarian grounds SZAVP AND SZAVQ AND SZAVR AND SZAVS AND SZAVT v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1546 OF 2004 CONTI J 25 JULY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1546 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAVP

FIRST APPELLANT

SZAVQ

SECOND APPELLANT

SZAVR

THIRD APPELLANT

SZAVS

FOURTH APPELLANT

SZAVT

FIFTH APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 25 JULY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. First appellant to pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1546 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAVP

FIRST APPELLANT

SZAVQ

SECOND APPELLANT

SZAVR

THIRD APPELLANT

SZAVS

FOURTH APPELLANT

SZAVT

FIFTH APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE: 25 JULY 2005