Kim v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1114

Kim v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1114

The applicant did not meet the requirement that the assistance needed by the nominator could not reasonably be obtained from other relatives or services, as his wife and available community services could provide the required support.

Jurisdiction
Australia
Judgment Date
14 October 2003
Procedural Posture
Application for Judicial Review / Judgment on Review
Outcome
Application for review dismissed
Legal Topics
['family (residence) (class Ao) Visa' 'special Need Relative' 'visa Application Criteria' 'migration Review Tribunal Decisions']
['migration Law'] ['family (residence) (class Ao) Visa' 'special Need Relative' 'visa Application Criteria' 'migration Review Tribunal Decisions']

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Procedural Posture

Application for Judicial Review / Judgment on Review

Legal Issues

  1. 1 ["Whether applicant qualifies as a 'special need relative' under Migration Regulations 1994 (Cth) reg 1.03 and reg 806.213" 'Whether assistance required by nominator could reasonably be obtained from other sources']

Ratio Decidendi

The applicant did not meet the requirement that the assistance needed by the nominator could not reasonably be obtained from other relatives or services, as his wife and available community services could provide the required support.

Court Disposition

Application for review dismissed

Orders

  • ['The application for review is dismissed.']