Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nguyen v Minister for Immigration and Border Protection [2016] FCA 688 Appeal from: Nguyen v Minister for Immigration & Border Protection & Anor [2015] FCCA 3254
File number: NSD 1731 of 2015
Judge: BUCHANAN J
Date of judgment: 9 June 2016
Catchwords: MIGRATION – appellant's son applied offshore for a carer's visa – visa refused by a delegate of the Minister – delegate's decision affirmed by the Administrative Appeals Tribunal – whether the Tribunal erred in considering whether the appellant's family in Australia could collectively provide, and obtain external services, for the appellant's care – whether the Tribunal erred in its assessment under reg 1.15AA(1)(e) of the Migration Regulations 1994 (Cth) – whether the Tribunal erred in considering that both public and private services could provide care – whether the Tribunal "sidestepped" the issue of particularising how care would be provided – no error shown in the decision of the Tribunal – appeal dismissed
Legislation: Acts Interpretation Act 1901 (Cth), s 23(b) Migration Regulations 1994 (Cth), regs 1.15AA, 1.15AA(1), 1.15AA(1)(b), 1.15AA(1)(e), 1.15AA(1)(f), Sch 2 cll 116.211, 116.221
Cases cited: Naidu v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 140 FCR 284 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18
Date of hearing: 18 May 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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