Le v Minister for Immigration and Border Protection [2016] FCA 1455

FEDERAL COURT OF AUSTRALIA

Le v Minister for Immigration and Border Protection [2016] FCA 1455 Appeal from: Le & Ors v Minister for Immigration & Anor [2016] FCCA 874

File number: NSD 649 of 2016

Judge: RARES J

Date of judgment: 17 August 2016

Catchwords: MIGRATION – visa applicant applied for employer nomination residence visa – Migration Regulations 1994 (Cth) – whether visa applicant fell within "exceptional circumstances" under subcl 856.213(c)(ii) – where "exceptional circumstances" not defined – where Tribunal applied tests of "so unique" and "essential" in considering whether "exceptional circumstances" – whether Tribunal committed jurisdictional error by departing from ordinary meaning of "exceptional circumstances" MIGRATION – where Tribunal found there was "no evidence" of the visa applicant's "exceptional circumstances" – where nominating employer provided a document in support of visa application that contained factual matters regarding the visa applicant's "exceptional circumstances" – whether Tribunal committed jurisdictional error by ignoring relevant material which would have affected the Tribunal's exercise of its power

Legislation: Migration Regulations 1994 (Cth) reg 1.15B, subcl 856.213(c) Migration Act 1958 (Cth) ss 140E, 140GB

Cases cited: Hatcher v Cohn (2004) 139 FCR 425 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259