Durzi v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

DURZI v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 240

MIGRATION – Review of Migration Review Tribunal decision – refusal of a family residence visa – issue of number of overseas near relatives the applicant had – apparent error by the MRT in dealing with the issue of dependency – error not determinative – no jurisdictional error.

Migration Act 1958 (Cth), s.359A
Migration Regulations 1994

SZGKO vMinister for Immigration [2005] FMCA 1254
Minister for Immigration v Rajalingam (1999) 93 FCR 220

Applicant: LAWRENCE JOSEPH DURZI

First Respondent:

Second Respondent:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

MIGRATION REVIEW TRIBUNAL

File Number: SYG1454 of 2004

Judgment of: Driver FM

Hearing date: 21 February 2006

Delivered at: Sydney

Delivered on: 3 March 2006

REPRESENTATION

Counsel for the Applicant: Dr J Azzi

Solicitors for the Applicant: Abrahams and Associates

Counsel for the Respondent: Mr J D Smith

Solicitors for the Respondent: Blake Dawson Waldron

ORDERS

1. The application is dismissed.

2. The applicant shall pay the first respondent’s costs and disbursements of and incidental to the proceedings, fixed in the sum of $5,000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1454 of 2004

LAWRENCE JOSEPH DURZI

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Introduction and background

1. This is an application to review a decision of the Migration Review Tribunal (“the MRT”) made on 12 March 2004.  The applicant was notified of the decision by letter of the same date (court book, page 163).  The MRT affirmed a decision of a delegate of the Minister not to grant the applicant a sub class 835 remaining relative visa[1]. 

   [1] The class of visa is more properly referred to as an Other Family (Residence) (Class BU) visa

2. The background to this matter is adequately set out in the Minister’s written submissions in paragraphs 3-8. 

3. The applicant is a citizen of Jordan who arrived in Australia on a visitor visa on 3 October 1998.  On 1 November 1999, the applicant lodged an application for an Other Family (Residence) (Class BU) visa on the basis that he met the criteria for the grant of that visa under subclass 835, namely that he was a remaining relative.  The applicant was nominated for the grant of that visa by his brother, Christian Durzi, who is an Australian citizen and usually resident in Australia.  At the time of the application the applicant had the following relatives who resided in the following countries:  his mother - Lebanon; his brother, Carlos Durzi, - Lebanon; his sister, Yollanda Durzi, - Saudi Arabia and his two sons, Valentino and Oliver - Cyprus. 

4. At the time of the application it was a criterion for the grant of the visa that the applicant be a remaining relative of a person who was a settled Australian citizen who was usually resident in Australia and who had nominated the applicant for the grant of the visa: Clause 835.212 in Schedule 2 of the Migration Regulations