Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rasla v Minister for Immigration and Border Protection [2016] FCA 1575 Appeal from: Application for extension of time: Rasla v Minister for Immigration & Anor [2016] FCCA 1830
File number: NSD 1378 of 2016
Judge: MCKERRACHER J
Date of judgment: 23 December 2016
Catchwords: MIGRATION - carer visa – whether the Tribunal applied the wrong test when determining if the applicant was 'willing and able' to provide 'substantial and continuing assistance' under reg 1.15AA(1)(f) of the Migration Regulations 1994 (Cth) – whether reasoning of the Tribunal unreasonable, illogical and/or irrational Held: Application dismissed
Legislation: Migration Act 1958 (Cth) ss 65(1)(b) Migration Regulations 1994 (Cth) regs 1.15AA, 1.15AA(1)(f), cll 116.211, 116.221, 166.211
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Narayan v Minister for Immigration & Multicultural Affairs [2001] FCA 1745 Nguyen v Minister for Immigration and Border Protection [2016] FCA 688 Perera v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1120 WAHP v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 87 Xiang v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 64
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