Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Valencia v Minister for Immigration and Border Protection [2019] FCA 397 Appeal from: Valencia v Minister for Immigration [2018] FCCA 939
File number: NSD 931 of 2018
Judge: PERRAM J
Date of judgment: 22 March 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Court erred in dismissing appeal from Administrative Appeals Tribunal – whether Tribunal misconstrued requirements of reg 1.15AA(1)(e) of Migration Regulations 1994 (Cth) – whether Tribunal failed to consider evidence – where visa applicant applied for carer visa – where Tribunal considered that Appellant's relatives in Australia could contribute to cost of assistance services
Legislation: Migration Regulations 1994 (Cth) reg 1.15AA, Sch 2 cl 116.211
Cases cited: Houssein v Under Secretary, Department of Industrial Relations and Technology (NSW) [1982] HCA 2; 148 CLR 88 Le v Minister for Immigration and Border Protection [2017] FCA 1053 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Nguyen v Minister for Immigration and Border Protection [2016] FCA 688 Nguyen v Minister for Immigration and Border Protection [2016] FCA 1460
Date of hearing: 9 November 2018
Date of last submissions: 10 December 2018 (Appellant) 14 December 2018 (First Respondent)
Registry: New South Wales
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