Cheema v Minister for Immigration and Citizenship [2011] FCA 121

FEDERAL COURT OF AUSTRALIA

Cheema v Minister for Immigration and Citizenship [2011] FCA 121 Citation: Cheema v Minister for Immigration and Citizenship [2011] FCA 121

Appeal from: Cheema v Minister for Immigration and Citizenship [2010] FMCA 705

Parties: BARINDER CHEEMA v MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: NSD 1260 of 2010

Judge: FLICK J

Date of judgment: 21 February 2011

Catchwords: MIGRATION – application to waive condition on visa – compelling circumstances – application refused – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 41 Migration Regulations 1994 (Cth) r 2.05

Cases cited: Attorney-General (NSW) v Quin [1990] HCA 21, 170 CLR 1, considered Cheema v Minister for Immigration and Citizenship [2010] FMCA 705, affirmed El Ess v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1038, 142 FCR 43, cited Kumar v Minister for Immigration and Multicultural Affairs [2000] FCA 793, cited Mafi v Minister for Immigration and Multicultural Affairs [2000] FCA 566, cited Minister for Immigration and Citizenship v SZJSS [2010] HCA 48, 273 ALR 122, cited Minister for Immigration and Citizenship v SZMDS [2010] HCA 16, 240 CLR 611, cited Mohamad v Minister for Immigration and Multicultural Affairs [2001] FCA 939, cited Neat Domestic Trading Pty Limited v AWB Limited [2003] HCA 35, 216 CLR 277, cited Sevim v Minister for Immigration and Multicultural Affairs [2001] FCA 1597, 114 FCR 126, cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, 228 CLR 152, cited Terera v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1570, 135 FCR 335, considered Thongpraphai v Minister for Immigration and Multicultural Affairs [2000] FCA 1590, considered Vahaakolo v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 648, considered Vanstone, Re; Ex parte Auva'A [2003] FCA 1506, 134 FCR 379, considered