Narayan v Minister for Immigration & Multicultural Affairs

FEDERAL COURT OF AUSTRALIA

Narayan v Minister for Immigration & Multicultural Affairs [2001] FCA 1745

MIGRATION – application for review of decision of Migration Review Tribunal – Family (Residence) (Class AO) visa – Migration Regulations 1994 – definition of “special need relative” in reg 1.03 – whether an independent requirement that visa applicant be willing and able to provide “substantial and continuing assistance” – definition of “remaining relative” in reg 1.15(2) – whether Tribunal erred in finding definition not satisfied on facts

Migration Regulations 1994 (Cth), reg 1.03 (“special need relative”), reg 1.15(2) (“remaining relative”)

Hussein v Minister for Immigration & Multicultural Affairs [1999] FCA 1621 cited

Wu v Minister for Immigration & Multicultural Affairs (2000) 105 FCR 39 cited
Re Minister for Immigration & Multicultural Affairs; Ex parte Cohen (2001) 177 ALR 473 followed

ANNE RAGINI NARAYAN & ANOR v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 1091 OF 2001

LINDGREN, TAMBERLIN AND MERKEL JJ
10 DECEMBER 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1091 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	ANNE RAGINI NARAYAN AND FRANCIS DHIRENDRA NARAYAN APPELLANTS
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	LINDGREN, TAMBERLIN AND MERKEL JJ
DATE OF ORDER:	10 DECEMBER 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.        The appellants pay the respondent’s 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 1091 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	ANNE RAGINI NARAYAN AND FRANCIS DHIRENDRA NARAYAN APPELLANTS
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	LINDGREN, TAMBERLIN AND MERKEL JJ
DATE:	10 DECEMBER 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:

INTRODUCTION

1. The appellants appeal from an order that their application at first instance be dismissed and that they pay the costs of the respondent (“the Minister”).  Their application at first instance was for review of a decision made by the Migration Review Tribunal (“MRT”) given on 2 April 2001, affirming a decision of a delegate of the Minister (“the Delegate”) on 25 May 1999 refusing them and their three children Family (Residence) (Class AO) visas.

2. The first-named appellant and first applicant below (“Ms Narayan”) was the primary visa applicant, and the second-named appellant and second applicant below is her husband.  The husband was designated by the MRT as a secondary applicant for the visa.

   BACKGROUND FACTS

3. Ms Narayan’s sister, Swaran Lata Singh (“Ms Singh”), was born in Fiji on 17 July 1951.  Ms Narayan was born there on 30 December 1958.  On 25 April 1981 Ms Narayan married in Fiji.  Between 1981 and the early 1990s, Ms Singh, then unmarried, resided with the Narayans in Fiji.  On 12 June 1991 Ms Singh married Joseph Carmen Debono in Suva.

4. Ms Singh travelled to Australia on 22 February 1992 and has…