Minister for Immigration and Border Protection v Nguyen [2017] FCAFC 149

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Border Protection v Nguyen [2017] FCAFC 149 Appeal from: Nguyen v Minister for Immigration & Border Protection [2017] FCCA 339

File number: QUD 153 of 2017

Judges: FLICK, BARKER AND RANGIAH JJ

Date of judgment: 20 September 2017

Catchwords: MIGRATION – application for a carer's visa – whether community services reasonably available ADMINISTRATIVE LAW – review of reasons provided – reasons fail to adequately address a central question – findings on material facts – not satisfied by a statement of a conclusion – need to refer to evidence on which finding of material facts based – a reference to web addresses not sufficient PRACTICE AND PROCEDURE – need to identify appellable error – no appellable error discernible on central question – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 65, 359, 359AA, 359A, 368, 430 Migration Regulations 1994 (Cth) reg 1.15AA(1)

Cases cited: Biyiksiz v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 814 FTZK v Minister for Immigration and Border Protection [2014] HCA 26, (2014) 88 ALJR 754 Jung v Minister for Immigration and Border Protection [2017] FCA 173 King v Minister for Immigration and Border Protection [2014] FCA 766, (2014) 142 ALD 305 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30, (2001) 206 CLR 323 Nguyen v Minister for Immigration & Border Protection [2017] FCCA 339 Nguyen v Minister for Immigration and Border Protection [2016] FCA 688 Salahuddin v Minister for Immigration and Border Protection [2013] FCAFC 141, (2013) 229 FCR 290 TelePacific Pty Ltd v Federal Commissioner of Taxation [2005] FCA 158, (2005) 218 ALR 85 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184, (2003) 75 ALD 630