Enano v Minister for Immigration and Multicultural Affairs [2006] FCA 426

FEDERAL COURT OF AUSTRALIA

Enano v Minister for Immigration and Multicultural Affairs [2006] FCA 426

MIGRATION – special need relative – reference to events after the date of application – whether assistance reasonably available from the nominator's perspective

Migration Regulations 1994 (Cth), reg 1.03 Judiciary Act 1908 (Cth), s 39B

Xiang v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 64, referred to Biyiksiz v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 814, discussed Truong v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1035, referred to Zahid v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 670, referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, referred to Koulaxazov v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 75, referred to VWST v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 286, referred to MERLINA ENANO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND MIGRATION REVIEW TRIBUNAL VID 1172 OF 2004 KENNY J 21 APRIL 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1172 OF 2004

BETWEEN: MERLINA ENANO

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: KENNY J

DATE OF ORDER: 21 APRIL 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The Migration Review Tribunal be joined as a respondent to the appeal. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.