Lam v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 445

FEDERAL COURT OF AUSTRALIA

Lam v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 445

MIGRATION – appeal from Administrative Appeals Tribunal upholding Minister's delegate's decision to cancel visa – whether jurisdictional error because of failure to consider interests of applicant's sister – no close relationship between applicant and child – child's interests not a necessary consideration – no jurisdictional error – application dismissed.

Migration Act 1958 (Cth) ss 496, 499, 500, 501 Administrative Appeals Tribunal Act 1975 (Cth) s 44

Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 cited Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 distinguished Teoh v Minister for Immigration and Ethnic Affairs (1994) 49 FCR 409 referred to Perez v Minister for Immigration & Multicultural Affairs (2002) 119 FCR 454 distinguished Navarrete v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1723 distinguished THANH TRA LAM v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR SAD 149 of 2005 LANDER J 28 APRIL 2006 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 149 OF 2005

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: THANH TRA LAM

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

ADMINISTRATIVE APPEALS TRIBUNAL

SECOND RESPONDENT JUDGE: LANDER J

DATE OF ORDER: 28 APRIL 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant 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