Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRSX v Minister for Immigration and Border Protection [2018] FCA 810 Appeal from: SZRSX v Minister for Immigration and Border Protection [2017] FCCA 2580
File number(s): NSD 1938 of 2017
Judge(s): DERRINGTON J
Date of judgment: 15 May 2018
Catchwords: MIGRATION – Regulation 2.05(4) of the Migration Regulations 1994 (Cth): waiver of visa condition – condition that appellant not, after entering Australia, be entitled to be granted a substantive visa while remaining in Australia – Whether delegate correctly applied the criteria about whether circumstances developed since the visa was granted and whether the appellant had any control over those circumstances
Legislation: Migration Act 1953 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Verlicia v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1529 Yaacoub v Minister for Immigration and Border Protection [2018] FCAFC 39
Date of hearing: 15 May 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 32
Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter
Counsel for the Respondent: Ms N Liang
Solicitor for the Respondent: Clayton Utz
ORDERS NSD 1938 of 2017
BETWEEN: SZRSX Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent
JUDGE: DERRINGTON J DATE OF ORDER: 15 MAY 2018
THE COURT ORDERS THAT:
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