Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nassif v Minister for Immigration and Citizenship [2007] FCA 197
MIGRATION – Minister's decision to cancel applicant's visa under s 501(2) of the Migration Act – whether Minister failed to consider whether she was required to treat the best interests of the 12 year old son of the applicant's fiancée as a primary consideration – whether Minister considered whether the relationship between the applicant and the child was a "parental or other close relationship" within the meaning of that phrase in a Ministerial Direction – Held: Minister did not give consideration to whether the relationship was a "parental or other close relationship". Migration Act 1958 (Cth) s 501(2)
Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 cited CHAOUKI NASSIF v MINISTER FOR IMMIGRATION AND CITIZENSHIP NSD 2389 OF 2006
BRANSON J
23 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2389 OF 2006
BETWEEN: CHAOUKI NASSIF
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE: BRANSON J DATE OF ORDER: 23 FEBRUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The name of the respondent be changed to Minister for Immigration and Citizenship. 2. An order in the nature of certiorari issue quashing the Minister's decision dated 19 October 2006 to cancel the applicant's visa. 3. The respondent pay the applicant'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
NEW SOUTH WALES DISTRICT REGISTRY NSD 2389 OF 2006
BETWEEN: CHAOUKI NASSIF
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGE: BRANSON J
DATE: 23 FEBRUARY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT
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