Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dirckze v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1105 MIGRATION – appeal dismissed – no error disclosed. Migration Act 1958 (Cth) s 417
SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24, (2005) 215 ALR 162, referred to
Minister for Immigration and Ethnic Affairs v Teo (1995) 57 FCR 194, referred to GRAHAM JEREMY DIRCKZE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL VID 1480 OF 2004 MARSHALL J 11 AUGUST 2005 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1480 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES' COURT OF AUSTRALIA
BETWEEN: GRAHAM JEREMY DIRCKZE
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
MIGRATION REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 11 AUGUST 2005
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The Migration Review Tribunal is added as a respondent to the appeal.
2. The appeal is dismissed.
3. The appellant pay the first 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
VICTORIA DISTRICT REGISTRY VID 1480 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES' COURT OF AUSTRALIA
BETWEEN: GRAHAM JEREMY DIRCKZE
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
MIGRATION REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: MARSHALL J
DATE: 11 AUGUST 2005
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of Federal Magistrate Bennett given on 18 November 2004. The Federal Magistrate dismissed the appellant's application for the issue of constitutional writs in respect of a decision of the Migration Review Tribunal ("the MRT") made on 24 January 2002. The MRT affirmed a decision of a delegate of a predecessor of the first respondent, made on 8 March 2001, not to grant the appellant a Change in Circumstance (Residence) (Class AG) visa, sub-class 806 (Family), ("the special need relative visa"). The MRT has been added as a respondent to the appeal in accordance with the observations of several members of the High Court in SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24, (2005) 215 ALR 162.
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