Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Weng v Minister for Immigration and Citizenship (No 2) [2011] FCA 444 Citation: Weng v Minister for Immigration and Citizenship (No 2) [2011] FCA 444
Appeal from: Weng v Minister for Immigration & Anor [2010] FMCA 670
Parties: WUYUE WENG v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 1255 of 2010
Judge: MCKERRACHER J
Date of judgment: 5 May 2011
Catchwords: MIGRATION – business skills visa - review of an Administrative Appeals Tribunal decision – interpretation of the requirements of s 134 of the Migration Act 1958 (Cth) – whether the Tribunal applied the correct statutory test – whether the Tribunal formed the correct opinion required by s 134(1) of the Act – whether there had been a genuine effort to obtain a substantial interest in an eligible business – whether property development was a 'business' or an 'eligible business' – whether the Tribunal properly exercised its residual discretion to cancel the visa – jurisdictional error
Legislation: Migration Act 1958 (Cth) s 134
Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 McDonald v Director-General of Social Security (1984) 1 FCR 354 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Ross v Minister for Immigration and Multicultural Affairs (2000) 107 FCR 1 Tan v Minister for Immigration and Multicultural and Indigenous Affairs [2004] AATA 808
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate