Perera v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1120

FEDERAL COURT OF AUSTRALIA

Perera v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1120 MIGRATION – visa – applicant must be a 'special need relative' providing substantial and continuing assistance in respect of a nominating relative with permanent or long-term need at time of application – whether tribunal misconstrued or misapplied definition of special need relative – tribunal found assistance provided not 'substantial' – whether obliged to consider 'substantial' and 'continuing' together – whether denial of procedural fairness or unreasonableness in consideration of medical evidence WORDS & PHRASES – 'special need relative' Judiciary Act 1903 (Cth) s 39B Migration Regulations 1994 reg 1.03, items 806.213, 806.221

Perera v Minister for Immigration [2004] FMCA 353 affirmed Chow v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 88 cited RAJAPAKSHA PATHIRAGE RIYAN PERERA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 817 of 2004 GRAY J 16 AUGUST 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 817 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: RAJAPAKSHA PATHIRAGE RIYAN PERERA

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 16 AUGUST 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant 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

VICTORIA DISTRICT REGISTRY V 817 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: RAJAPAKSHA PATHIRAGE RIYAN PERERA