Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nguyen v Minister for Immigration and Border Protection [2016] FCA 1460 Appeal from: Nguyen v Minister for Immigration & Anor [2016] FCCA 1203
File number: NSD 867 of 2016
Judge: BROMWICH J
Date of judgment: 6 December 2016
Catchwords: MIGRATION – application for Other Family (Migrant) (Class BO) Carer (subclass 116) visa – where visa applicant son lived in Vietnam with five dependants – where sponsor father requiring medical care received assistance from family members and community services – where Tribunal refused visa because requirements in reg 1.15AA(1)(e) and reg 1.15AA(1)(f) of the Migration Regulations 1994 (Cth) were not met as assistance could reasonably be provided by family members, community services or a combination of both – where Federal Circuit Court upheld Tribunal's decision – appeal from Federal Circuit Court decision – scope of requirements of reg 1.15AA(1)(e) – scope of requirements of reg 1.15AA(1)(f) – effect of amendments to reg 1.15AA(1)(e) in relation to assistance being 'obtained' or 'provided by' family members – held: appeal dismissed
Legislation: Migration Amendment Regulations 2009 (No. 13) (Cth), Sch 3, items 2, 3, 4 Migration Regulations 1994 (Cth), reg 1.15AA, cll 116.211, 116.221
Cases cited: Anveel v Minister for Immigration and Border Protection [2013] FCCA 2181 Hossam v Minister for Immigration and Border Protection [2016] FCA 1161 Issa v Minister for Immigration and Multicultural Affairs [2000] FCA 128 Lin v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 606; (2004) 136 FCR 556 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Naidu v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1692; (2004) 140 FCR 284 Pham v Minister for Immigration and Citizenship [2013] FMCA 29 Rafiq v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 564 Xiang v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 64; (2004) 81 ALD 301
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