Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1477 MIGRATION – visas – refusal to grant business skills visa – whether the Migration Review Tribunal failed to address the question as to whether the visa applicant and his wife had legal ownership of company shares that constituted 'ownership interest' for the purposes of reg 1.03 of the Migration Regulations 1994 – whether beneficial ownership as comprehended by reg 1.11A of the Migration Regulations 1994 is not relevant where legal ownership is proved according to foreign law – whether reg 1.11A of the Migration Regulations 1994 is an invalid regulation
Statutes Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 4, 65, 504, 31(3), 40, 134(10), 65(1), 504(1), 474, 31(1)
Cases Lobo v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 132 FCR 93 Cons Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Cited Minister of State for Resources v Dover Fisheries Pty Ltd (1993) 43 FCR 565 Cons Shanahan v Scott (1957) 96 CLR 245 Cons South Australia v Tanner (1989) 166 CLR 161 Cons The Commonwealth v Tasmania (1983) 158 CLR 1 Cons Williams v Melbourne Corporation (1933) 49 CLR 142 Cons
Other Authorities BA Garner, A Dictionary of Modern Legal Usage, 2nd edn, Oxford University Press, New York, 1995 Black's Law Dictionary, 8th edn, ed BA Garner, West Group, St Paul, MN, 2004 Butterworths Australian Legal Dictionary, gen eds PE Nygh & P Butt, Butterworths, Sydney, 1997 ZHI QIANG YU, WEN CHUN LI & LING (CATY) YU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND MIGRATION REVIEW TRIBUNAL Q167 OF 2003 KIEFEL J BRISBANE 16 NOVEMBER 2004
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q167 OF 2003
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