Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
El-Chahini v Minister for Immigration and Border Protection [2018] FCA 202 Appeal from: El-Chahini v Minister for Immigration & Anor [2017] FCCA 2207
File number(s): NSD 1713 of 2017
Judge(s): JAGOT J
Date of judgment: 2 March 2018
Catchwords: MIGRATION – reg 1.15AA of the Migration Regulations 1994 (Cth) – carer's visa – whether decision of the Administrative Appeals Tribunal miscarried in deciding that relatives who were citizens of or resided in Australia could reasonably provide assistance to the appellant – needs of the appellant in attending to practical aspects of daily life and capacity of relatives in Australia to provide care not properly considered – non-disclosure certificate under s 376 of the Migration Act 1958 (Cth) –whether non-disclosure constituted denial of procedural fairness – certificate arguably invalid – appeal allowed
Legislation: Migration Act 1958 (Cth) s 376 Migration Regulations 1994 (Cth) reg 1.15AA
Cases cited: BEG15 v Minister for Immigration and Border Protection [2017] FCAFC 198 Biyiksiz v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 814 Enano v Minister for Immigration and Multicultural Affairs [2006] FCA 426 Minister for Immigration and Border Protection v Nguyen [2017] FCAFC 149 Nguyen v Minister for Immigration and Border Protection [2016] FCA 688 Rasla v Minister for Immigration and Border Protection [2016] FCA 1575
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