Lee, Peik Sin Minister for Immigration & Multicultural Affairs [1997] FCA 1526

Lee, Peik Sin Minister for Immigration & Multicultural Affairs [1997] FCA 1526

The Tribunal was correct to conclude that Ms Vazquez had not nominated the applicant for an entry permit on compassionate grounds as required by the Regulations. The applicant's support from Ms Vazquez was limited to a statutory declaration and did not amount to a nomination. Without evidence of intent or documentary compliance, the requirements of Part 812 were not met.

Jurisdiction
Australia
Judgment Date
05 December 1997
Procedural Posture
Appeal / Judgment
Outcome
Application dismissed with costs
Legal Topics
['entry Permit' 'nomination' 'compassionate Grounds' 'de Facto Relationship']
['immigration'] ['entry Permit' 'nomination' 'compassionate Grounds' 'de Facto Relationship']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether Ms Vazquez nominated the applicant for an entry permit on compassionate grounds' 'Whether the Tribunal erred in refusing the entry permit when the relationship with the initial nominator broke down']

Ratio Decidendi

The Tribunal was correct to conclude that Ms Vazquez had not nominated the applicant for an entry permit on compassionate grounds as required by the Regulations. The applicant's support from Ms Vazquez was limited to a statutory declaration and did not amount to a nomination. Without evidence of intent or documentary compliance, the requirements of Part 812 were not met.

Court Disposition

Application dismissed with costs

Orders

  • ['Application dismissed' 'Applicant to pay the costs of the Respondent']