Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Kim [2014] FCAFC 47 Citation: Minister for Immigration and Border Protection v Kim [2014] FCAFC 47
Appeal from: Kim v Minister for Immigration [2013] FCCA 1526
Parties: MINISTER FOR IMMIGRATION AND BORDER PROTECTION v YUJIN KIM
File number: NSD 2166 of 2013
Judges: YATES, ROBERTSON AND WIGNEY JJ
Date of judgment: 24 April 2014
Catchwords: MIGRATION – validity of visa application – respondent included in earlier unsuccessful visa application as a dependent child – respondent unaware of earlier application – whether subsequent visa application invalid because respondent had previously been refused a visa for which she had applied – whether validity of visa application an objective question to be determined by the Court
Legislation: Migration Act 1958 (Cth) ss 46, 48 Migration Legislation Amendment Act 1989 (Cth) s 6 Migration Legislation Amendment Act 1994 (Cth) s 18 Migration Reform Act 1992 (Cth) s 10 Migration Regulations 1994 (Cth) regs 1.03, 1.12, 2.12, cl 1123B of sch 1
Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Minister for Immigration & Multicultural & Indigenous Affairs v WAIK [2003] FCAFC 307 Soondur v Minister for Immigration and Multicultural Affairs [2002] FCAFC 324; (2002) 122 FCR 578
Date of hearing: 19 February 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
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