Xu v Minister for Immigration and Border Protection [2018] FCA 1181

FEDERAL COURT OF AUSTRALIA

Xu v Minister for Immigration and Border Protection [2018] FCA 1181 Appeal from: Xu & Ors v Minister for Immigration & Anor [2018] FCCA 58

File number: NSD 261 of 2018

Judge: COLLIER J

Date of judgment: 9 August 2018

Catchwords: MIGRATION – Subclass 457 visa application – appeal from decision of Federal Circuit Court dismissing application for review of Tribunal decision – where Federal Circuit Court had made show cause order – where appellants indicated to primary Judge that they would not allege fraud or that their visa application was never validly made – where the appellants sought leave to rely on grounds that were abandoned before the primary Judge – requirements of pleadings and evidence where appellants allege fraud – whether leave to rely on ground pertaining to fraud should be granted MIGRATION – Subclass 457 visa application – appeal from decision of Federal Circuit Court dismissing application for review of Tribunal decision – where Tribunal made a finding that the appellants would not suffer financial hardship if returned to China – whether the appellants were denied procedural fairness in relation to issues of financial hardship – whether there was a logical and rational basis for Tribunal's finding in relation to the appellants' hardship

Legislation: Migration Act 1958 (Cth) ss 116(1)(b), 425 Migration Regulations 1994 (Cth)

Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Sullivan v Department of Transport (1978) 20 ALR 323 SZFDE v Minister for Immigration [2007] HCA 35; (2007) 232 CLR 189