Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Su v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1176
MIGRATION – Application for an Other Family (Migrant) (Class BO) Subclass 115 (Remaining Relative) visa – remaining relative must have no more than three overseas near relatives – where relatives of a spouse can be counted – appellant divorced – whether Migration Review Tribunal erred in not considering whether appellant and her ex-husband were in a de facto relationship under reg 1.15A of the Migration Regulations 1994
Migration Regulations 1994 reg 1.15, 1.15A
GUI QIN SU AND SHAO QIN SU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 413 OF 2005 MOORE J 30 AUGUST 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 413 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: GUI QIN SU
FIRST APPELLANT
SHAO QIN SU
SECOND APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 30 AUGUST 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay the respondent'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
NEW SOUTH WALES DISTRICT REGISTRY NSD 413 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: GUI QIN SU
FIRST APPELLANT
SHAO QIN SU
SECOND APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 30 AUGUST 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of Federal Magistrate Barnes of 24 February 2005. On 27 July 2000 the second appellant ("the appellant") applied for an Other Family (Migrant) (Class BO) subclass 115 (Remaining Relative) visa. A delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refused to grant the visa on 16 November 2002. On 2 December 2003 the first appellant (the appellant's father) applied to the Migration Review Tribunal ("the Tribunal") for review of the decision and on 26 March 2004 the Tribunal affirmed the decision of the delegate. The appellant sought judicial review of the decision of the Tribunal on 21 April 2004 in the Federal Magistrates Court. On 24 February 2005 the Federal Magistrate dismissed the application for judicial review. It is from that judgment that the appellant now appeals.
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