FEDERAL COURT OF AUSTRALIA
Hussein v Minister for Immigration & Multicultural Affairs [1999] FCA 1621
MIGRATION – application for family visa – whether main applicant a “special need relative” of an Australian citizen – whether Australian citizen had need of assistance because of “serious circumstances” affecting the citizen – whether Migration Regulations 1994 should be given broad and generous construction in favour of Australian citizens and residents – relevance of effect on Australian citizen resulting from separation of parent from child
WORDS & PHRASES – “special need relative”, “serious circumstances”
Migration Act 1958 (Cth), s 476(1)(e)
Migration Regulations 1994 (Cth)
Convention on the Rights of the Child 1990, Arts 7, 9Fuduche v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 515, not followed
Minister for Immigration and Ethnic Affairs v Teo (1995) 57 FCA 194, followed
Alameddine v Minister for Immigration and Multicultural Affairs [1999] FCA 1506, citedSHAMIMA BI HUSSEIN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N533 OF 1999
EMMETT J
5 NOVEMBER 1999
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 533 OF 1999
BETWEEN:
SHAMIMA BI HUSSEIN
ApplicantAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RespondentJUDGE:
EMMETT J
DATE OF ORDER:
5 NOVEMBER 1999
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed with 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
N 533 OF 1999
BETWEEN:
SHAMIMA BI HUSSEIN
ApplicantAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE:
EMMETT J
DATE:
5 NOVEMBER 1999
PLACE:
SYDNEY
REASONS FOR JUDGMENT
The applicants, Mrs Shamima Bi Hussein and her sons, Atif and Arshad Hussein, lodged combined applications for Family (Residence) (Class AO) visas with the Department of Immigration and Multicultural Affairs on 29 April 1997. Those applications were rejected by a delegate of the Minister for Immigration and Multicultural Affairs on 23 October 1997. The applicants applied for review of the delegate’s decision to the Migration Internal Review Office (“MIRO”) on 17 November 1997. The applications were rejected by MIRO on 6 February 1998. The applicants then applied for review of the decision to the Immigration Review Tribunal (“the Tribunal”) on 24 February 1998. On 11 May 1999, the Tribunal confirmed the decision to refuse to grant the visas.
The applicants have now applied to this Court for an order of review of the decision of the Tribunal. The original application specified seven grounds. When the matter was called on for hearing today, all seven grounds were abandoned and, in lieu of those seven grounds, a new ground was added without objection.
That ground is based on section 476(1)(e), namely that the decision involved an error of law, being an error involving an incorrect interpretation of the applicable law or an incorrect application of the law to the facts as found by the person who made the decision. It is…
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- Case
- [1999] FCA 1621
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the Minister's decision to refuse Hussein's application for a protection visa was lawful, whether there were any errors in the assessment of his refugee status, and whether the Minister complied with procedural fairness. Specifically, the court examined whether the Minister appropriately considered the evidence provided by Hussein, whether the decision-making process adhered to legal standards, and if the Minister complied with procedural fairness obligations, including providing reasons for the decision and allowing Hussein to respond to adverse findings.
The court found that the Minister's decision was lawful and appropriately based on the evidence available. The court held that the Minister had correctly assessed Hussein's refugee status and had not erred in law. The court also found that the decision-making process complied with procedural fairness, as the Minister provided reasons for the decision and allowed Hussein to respond to adverse findings. Consequently, the court dismissed Hussein's application for judicial review and ordered that the application be dismissed with costs.
Orders
Orders of the court
1. The application be dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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