Lee v Minister Immigration, Multicultural Affairs and Citizenship [2013] FCA 854

FEDERAL COURT OF AUSTRALIA

Lee v Minister Immigration, Multicultural Affairs and Citizenship [2013] FCA 854 Citation: Lee v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 854

Appeal from: Lee & Ors v Minister for Immigration & Anor [2013] FCCA 396

Parties: CHAE HEE LEE, MYUNG KYU KIM, MIJUNG KIM and WOOMIN KIM v MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: QUD 291 of 2013

Judge: LOGAN J

Date of judgment: 8 August 2013

Catchwords: MIGRATION – judicial review – appeal from Federal Circuit Court of Australia – Migration Review Tribunal – appeal against decision of Minister's delegate, as affirmed by the Migration Review Tribunal and the Federal Circuit Court of Australia, not to grant the appellants a Class DF – Business Skills (Residence) Visa – first appellant did not meet criteria in clause 892.215 of the Migration Regulations 1994 (Cth) as she had not been resident in Australia for at least one year in the two years before her relevant visa application – the second appellant (the first appellant's husband) did satisfy clause 892.215 of the Regulations – first appellant was nominated as the primary applicant seeking to satisfy the criteria for the grant of the visa pursuant to paragraph 1004B(3) – whether the primary criteria in paragraph 892 of the Migration Regulations capable of being satisfied by one other than the primary applicant in light of note appearing at clause 892.2 which states that the primary criteria must be satisfied by at least one member of the family unit Held: the applicant seeking to satisfy the primary criteria pursuant to paragraph 1004B of the Migration Regulations 1994 (Cth) must satisfy the criteria of clause 892.215 personally – appeal dismissed