An Indian woman is fighting an Immigration Department decision to order her to leave even though it granted her six-week-old son a dependant's visa.
A judicial review heard yesterday that Kaur Balwinder was forced to return to India with her son. The decision in April last year separated her from her husband, a butcher, who is a dependant of his mother.
Ms Balwinder's counsel, Philip Dykes SC, told Mr Justice Michael Hartmann that the decision of the Director of Immigration to grant her son a visa but refuse her an extension on her visitor's visa was inconsistent, illogical and unnecessary.
He argued the baby should stay with his mother, saying the director should have either granted visas to both or refused them together.
He also said Ms Balwinder was only seeking an extension for as long as her husband's visa was current.
Husband Sukhjit Singh's visa was, at the time, up for renewal on October 1 and has since been extended.
