Elliott v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 67

FEDERAL COURT OF AUSTRALIA

Elliott v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 67 MIGRATION – remaining relative visa – tribunal affirmed delegate's decision to refuse – application for review – tribunal accepted effect of Full Court decision was to negate previous ground of review – tribunal found applicant had not satisfied it he had not had contact with his overseas near relatives within a reasonable period – no failure to ask right question – no misapplication of the requirement of 'contact' – no misapplication of onus of proof – no wrong choice of three years as a reasonable period – no failure to consider merits – no application of policy to preclusion of regulatory provision – no misconstruction of policy Judiciary Act 1903 (Cth) s 39B Migration Regulations 1994 (Cth) reg 1.15 Braganza v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 170 Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 488 Re Drake v Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Lobo v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 200 ALR 359 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Hughes (1999) 86 FCR 567 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v Hidalgo [2005] FCA 437 Minister for Immigration and Multicultural and Indigenous Affairs v Hidalgo [2005] FCAFC 192 Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189

GARETH ROY ELLIOTT v MINISTER FOR IMMIGRATION and MULTICULTURAL and INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL WAD 297 of 2004 NICHOLSON J 9 FEBRUARY 2006 PERTH