Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sherzad v Minister for Immigration & Citizenship [2008] FCA 460
MIGRATION LAW – appeal from Migration Review Tribunal on alleged misconstruction of the definition of 'remaining relative' and misapplication of reg 1.15(1)(c)(ii) – transfer of proceedings from the Federal Magistrates Court – applicant and visa applicant are nationals of Afghanistan – application for Other Family (Migrant) (Class BO) visa – Subclass 115 (Remaining Relative) – Migration Act 1958 (Cth) s 476A STATUTORY INTERPRETATION – interpretation of criteria in reg 1.15(1)(c)(ii) – 'an overseas near relative' – whether contact the applicant had with the mother and sister both residing in Afghanistan disqualified the applicant – requirement that the applicant did not have contact with any or all overseas relatives within a reasonable period – Migration Regulations 1994 (Cth) reg 1.15
Acts Interpretation Act 1901 (Cth) s 23 Federal Magistrates Act 1999 (Cth) s 39 Migration Act 1958 (Cth) s 476A Migration Regulations 1994 (Cth) reg 1.15 Elliott v Minister for Immigration and Multicultural Affairs [2006] FCA 67 cited Elliott v Minister for Immigration and Multicultural Affairs (2007) 156 FCR 559 cited Minister for Immigration and Multicultural and Indigenous Affairs (2005) 145 FCR 564 cited SHARIF SHERZAD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
NSD 2072 of 2007
EDMONDS J
11 APRIL 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2072 of 2007
BETWEEN: SHARIF SHERZAD
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J
DATE OF ORDER: 11 APRIL 2008
WHERE MADE: SYDNEY
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.
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