Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lay v Minister for Immigration and Border Protection [2014] FCA 919 Citation: Lay v Minister for Immigration and Border Protection [2014] FCA 919
Appeal from: Lay & Anor v Minister Immigration & Anor [2014] FCCA 923
Parties: CHREP LAY v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: VID 314 of 2014
Judge: BROMBERG J
Date of judgment: 21 August 2014
Catchwords: MIGRATION – appeal from dismissal of application for judicial review – whether primary judge failed to identify jurisdictional error in decision of Migration Review Tribunal – construction of subclause 461.213(b)(ii) of the Migration Regulations 1994 (Cth) – whether the Tribunal needed to consider each of the criteria in subclause 461.213(b)(ii) in circumstances where it had determined that one of those criteria had not been satisfied – no error found – appeal dismissed.
Legislation: Migration Regulations 1994 (Cth) subclause 461.213(b)(ii)
Cases cited: Lay & Anor v Minister for Immigration & Anor [2014] FCCA 923
Date of hearing: 21 August 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 18
Counsel for the Appellant: The appellant appeared in person assisted by an interpreter
Counsel for the First Respondent: Ms C Symons
Solicitor for the First Respondent: Clayton Utz
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 314 of 2014
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