Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yu v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2020] FCA 209 Appeal from: Yu & Ors v Minister for Immigration & Anor [2019] FCCA 2690
File number: NSD 1705 of 2019
Judge: THAWLEY J
Date of judgment: 14 February 2020
Catchwords: MIGRATION – Business Owner visa – "Criteria to be satisfied at time of decision" – whether primary applicant required to satisfy criterion of "ownership interest" in "main business" at time of Administrative Appeals Tribunal's review decision or whether it was sufficient that she satisfied the criterion at the time of the delegate's decision – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25(4), 43 Migration Act 1958 (Cth) ss 29(1), 31(1), 31(3), 45, 65(1), 134(10), 303(1), 304A, 306, 337, 338, 347, 348(1), 349 Migration Regulations 1994 (Cth) regs 1.03, 1.11(1), 1.15B, 2.01(1), 2.03, Sched 1, Sched 2, cll 866.221, 885.213, 890.2, 890.21, 890.211, 890.22, 890.221
Cases cited: Anand v Minister for Immigration and Citizenship (2013) 215 FCR 562 Berenguel v Minister for Immigration and Citizenship (2010) 264 ALR 417 Kaur v Minister for Immigration & Border Protection [2016] FCA 937 Liang v Minister for Immigration and Citizenship (2009) 175 FCR 184 Minister of Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518 Pintos v Minister for Immigration & Multicultural Affairs [2001] FCA 1400 Rao v Minister for Immigration and Multicultural Affairs [2001] FCA 1755 SFLB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1610 Shaikh v Minister for Immigration [2004] FMCA 116 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 SZURL v Minister for Immigration and Border Protection [2015] FCA 864 Waensila v Minister for Immigration and Border Protection (2016) 241 FCR 121 Xiang v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 81 ALD 301
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