Gararth v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 316

FEDERAL COURT OF AUSTRALIA

Gararth v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 316 MIGRATION – Visa application – Special need visa – Whether Migration Review Tribunal fell into jurisdictional error in determining that care of a child or children could not constitute 'other serious circumstances' within the meaning of reg 1.03 – Whether proceeding ought to have been dismissed on account of appellants' delay. Wu v Minister for Immigration and Multicultural and Indigenous Affairs (2000) 105 FCR 39 applied. Huang v Minister for Immigration and Ethnic and Multicultural Affairs (1996) 71 FCR 95 not followed. Hussein v Minister for Immigration and Multicultural Affairs [1999] FCA 1621 not followed. Migration Regulations 1994 (Cth) reg 1.03, Schedule 2 cl 806.21

SHANE CARYLINE PETER GARARTH, SANDRA NAOMI BERNICE GARARTH, AINSLEY ANTHONY ANURIN GARARTH AND JESICA CAROL ANNMERRY GARARTH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND MIGRATION REVIEW TRIBUNAL

VID 108 OF 2005

WILCOX J

31 MARCH 2006

SYDNEY (HEARD IN MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 108 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SHANE CARYLINE PETER GARARTH

FIRST APPELLANT

SANDRA NAOMI BERNICE GARARTH

SECOND APPELLANT

AINSLEY ANTHONY ANURIN GARARTH

THIRD APPELLANT

JESICA CAROL ANNMERRY GARARTH

FOURTH APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT JUDGE: WILCOX J

DATE OF ORDER: 31 MARCH 2006

WHERE MADE: SYDNEY (HEARD IN MELBOURNE)