Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Campbell v Minister for Immigration and Citizenship [2011] FCA 940 Citation: Campbell v Minister for Immigration and Citizenship [2011] FCA 940
Appeal from: Campbell v Minister for Immigration [2011] FMCA 61
Parties: PETER STUART CAMPBELL, CRESSIDA JANE CAMPBELL, WILLIAM CAMPBELL, SEBASTIAN CAMPBELL and ISABELLA JACQUELINE CAMPBELL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: QUD 49 of 2011
Judge: COLLIER J
Date of judgment: 18 August 2011
Catchwords: MIGRATION – application for Business Skills (Residence) (Class DF) (subclass 892) visas – cl 892.211 of Sch 2 Migration Regulations 1994 (Cth) – whether primary appellant had ownership interest within meaning of s 134(10) Migration Act 1958 (Cth) – meaning of "ownership interest" – relevant business conducted by discretionary trust – primary appellant co-trustee and beneficiary of discretionary trust – whether being co-trustee or beneficiary of discretionary trust an "ownership interest" within meaning of s 134(10) Migration Act 1958 (Cth) – consideration of Minister for Immigration and Citizenship v Hart (2009) 179 FCR 212 – whether co-trustee "the sole proprietor" of the business – whether co-trustee a partner in a partnership conducting the business – legal relationship between co-trustees
Legislation: Migration Act 1958 (Cth) s 134(10) Migration Regulations 1994 (Cth) cll 892.2, 892.211 of Sch 2, reg 1.03, reg 1.11(1) Partnership Act 1892 (NSW)
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