Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fernandez v Minister for Immigration and Border Protection [2015] FCA 1265 Citation: Fernandez v Minister for Immigration and Border Protection [2015] FCA 1265
Appeal from: Fernandez v Minister for Immigration & Anor [2015] FCCA 1698
Parties: NERVO WALTER AMADO FERNANDEZ v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 809 of 2015
Judge: ROBERTSON J
Date of judgment: 20 November 2015
Catchwords: MIGRATION – aged dependent relative visa – finding of fact by Migration Review Tribunal (Tribunal) that at the time of the application for the visa the appellant had been sponsored by only one person – whether appellant dependent on sponsor for a reasonable period – whether the appellant was wholly or substantially reliant on the sponsor for financial support where financial support provided equally by two nieces of the appellant MIGRATION – whether request to Tribunal to refer the matter to the Minister to consider the exercise of his powers under s 351 of the Migration Act may found error reviewable by the Federal Circuit Court STATUTORY INTERPRETATION – whether words in the singular number include the plural – whether contrary intention
Legislation: Acts Interpretation Act 1901 (Cth) ss 2(2), 23 Legislative Instruments Act 2003 (Cth) s 13(1)(a) Migration Act 1958 (Cth) ss 54, 55, 65, 351, 474, 476, 499 Migration Regulations 1994 (Cth) regs 1.03, 1.05A, 1.20, Sch 2 cll 838.1, 838.2
Cases cited: Australian Broadcasting Tribunal v Bond Corporation Holdings Ltd (1989) 86 ALR 424 Blue Metal Industries Ltd v Dilley (1969) 117 CLR 651 (PC) Commissioner for Superannuation v Scott [1987] FCA 79; 13 FCR 404 El Ess v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1038; 142 FCR 43 Huynh v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 122; 152 FCR 576 Mandalia v Secretary of State for the Home Department [2015] UKSC 59; [2015] 1 WLR 4546 Minister for Foreign Affairs v Lee [2014] FCA 927; 227 FCR 279 Minister for Immigration and Multicultural Affairs v Graovac [1999] FCA 1690 Minister for Immigration, Local Government & Ethnic Affairs v Gray (1994) 50 FCR 189 Plaintiff S10/2011 v Minister for Immigration and Citizenship [2012] HCA 31; 246 CLR 636 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 [2003] HCA 1; 211 CLR 441 Sherzad v Minister for Immigration and Citizenship [2008] FCAFC 145; 170 FCR 105 Shi v Minister for Immigration and Border Protection [2015] FCA 131; 231 FCR 354 Sin Poh Amalgamated (HK) Ltd v Attorney-General (Hong Kong) [1965] 1 WLR 62
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