Vu v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1836

FEDERAL COURT OF AUSTRALIA

Vu v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1836

MIGRATION ‑ Partner visa ‑ whether Migration Review Tribunal conducted proper review on the merits

Migration Act 1958 (Cth), s 359A

Migration Regulations 1994 (Cth), Sched 2, par 820.211(2), regs 1.15A, 1.15A(3), 1.15A(3)(d)

SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 applied WAIJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 74 distinguished Nassouh v Minister for Immigration & Multicultural Affairs [2000] FCA 788 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited VAN QUANG VU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL QUD 55 OF 2004 SIOPIS J 15 DECEMBER 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 55 OF 2004

BETWEEN: VAN QUANG VU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: SIOPIS J

DATE OF ORDER: 15 DECEMBER 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1 The Migration Review Tribunal is added as the second respondent. 2 The application is dismissed. 3 The applicant is to pay the first 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

QUEENSLAND DISTRICT REGISTRY QUD 55 OF 2004

BETWEEN: VAN QUANG VU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT