Lobo & Ors v MIMIA & Anor

[2007] HCATrans 464

[2007] HCATrans 464

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S459 of 2006

B e t w e e n -

JOYCE LOBO

First Applicant

PHILIP ANDREW LOBO

Second Applicant

REENA LOBO

Third Applicant

RITISHKA LOBO

Fourth Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 29 AUGUST 2007, AT 9.38 AM

Copyright in the High Court of Australia

__________________

HAYNE J:   The first applicant applied for a visa known as a "subclass 845 visa" for herself, her husband and children.  One requirement for the grant of the visa was that the first applicant demonstrated that she had for a time "maintained direct and continuous involvement in the management" of a business in which she owned an interest and that during that period the business had three full‑time employees.  Having been refused the visa the applicants sought review by the Migration Review Tribunal.  The first review by the Tribunal was set aside.  On its second review, the Tribunal found that the first applicant did not meet either of the requirements that have been described.

An application to the Federal Magistrates Court for judicial review of the Tribunal's second review was dismissed.  An appeal to the Federal Court of Australia against the orders of the Federal Magistrates Court was dismissed by Madgwick J.  The applicants now apply for special leave to appeal against the orders of Madgwick J.

In critically important respects, the Tribunal's conclusions depended upon its findings of fact.  There is no reason to doubt the correctness of the decision of Madgwick J.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.  I publish that disposition.

AT 9.40 AM THE MATTER WAS CONCLUDED