Kamychenko v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1517

Kamychenko v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1517

Proceedings abated upon death of the primary applicant because the visa is a personal right not transmissible to secondary applicants or the estate, and secondary criteria could not be satisfied; thus, the application by Tatiana and Vassili Kamychenko must also be dismissed.

Jurisdiction
Australia
Judgment Date
24 November 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
application by Tatiana Kamychenko and Vassili Kamychenko dismissed; proceedings in name of Boris Kamychenko struck out
Legal Topics
['visa Application' 'judicial Review' 'locus Standi on Death of Primary Applicant' 'business Skills (residence) Subclass 845 Visa' 'procedural Abatement']
['migration Law' 'administrative Law'] ['visa Application' 'judicial Review' 'locus Standi on Death of Primary Applicant' 'business Skills (residence) Subclass 845 Visa' 'procedural Abatement']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether proceedings survive after death of primary visa applicant under Migration Act 1958 (Cth)' 'Whether secondary applicants can obtain relief following death of primary applicant' 'Interpretation of primary and secondary criteria for subclass 845 visa' 'Whether decision of MRT involved jurisdictional error']

Ratio Decidendi

Proceedings abated upon death of the primary applicant because the visa is a personal right not transmissible to secondary applicants or the estate, and secondary criteria could not be satisfied; thus, the application by Tatiana and Vassili Kamychenko must also be dismissed.

Court Disposition

application by Tatiana Kamychenko and Vassili Kamychenko dismissed; proceedings in name of Boris Kamychenko struck out

Orders

  • ['The proceedings in the name of Boris Kamychenko be struck out with no order as to costs.' 'The application in the name of Tatiana Kamychenko and Vassili Kamychenko be dismissed with no order as to costs.']