Andrayani v Minister for Immigration and Citizenship [2011] FCA 117

FEDERAL COURT OF AUSTRALIA

Andrayani v Minister for Immigration and Citizenship [2011] FCA 117 Citation: Andrayani v Minister for Immigration and Citizenship [2011] FCA 117

Appeal from: Andrayani v Minister for Immigration [2010] FMCA 992

Parties: YUANA ANDRAYANI v MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: NSD 1748 of 2010

Judge: FOSTER J

Date of judgment: 16 February 2011

Catchwords: MIGRATION – whether a delegate of the Minister committed jurisdictional error by failing to waive Condition 8503 imposed on a visa holder's temporary business visa which condition prevented the visa holder from obtaining a substantive visa, other than a protection visa, while the holder remained in Australia – Condition 8503 could only be waived if, since the person was granted the visa, compelling and compassionate circumstances have developed over which the person had no control and which resulted in a major change to the person's circumstances – the delegate held that the claimed changes in circumstances did not meet the statutory requirements – no jurisdictional error on the part of the delegate – no error on the part of the Federal Magistrate before whom judicial review proceedings were brought to challenge the delegate's decision

Legislation: Migration Act 1958 (Cth), s 41 and s 46 Migration Regulations 1994 (Cth), Schedules 2 and 8

Cases cited: Andrayani v Minister for Immigration [2010] FMCA 992 affirmed Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Nguyen v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 169 cited Terera v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 135 FCR 335 cited Thongpraphai v The Minister for Immigration & Multicultural Affairs [2000] FCA 1590 cited