Lo v Minister of Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 895

FEDERAL COURT OF AUSTRALIA

Lo v Minister of Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 895 Appeal from: Lo v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs [2019] FCCA 2642

File number: NSD 1926 of 2019

Judge: RARES J

Date of judgment: 18 June 2020

Catchwords: MIGRATION – other family (residence) (Class BU) carer visa application – regs 1.03, 1.20, cll 836.213 and 836.227 of Sch 2 of Migration Regulations 1994 (Cth) – where cl 836.213 required that applicant "is sponsored" at time of application – where cl 836.227 required that sponsorship mentioned in cl 836.213 approved by Minister and still in force at time of decision – where sponsor had dementia at time of application – where Tribunal found sponsor not have capacity to understand sponsorship obligations at time of application – whether signed support by sponsor's spouse on original application evidence of spouse's sponsorship undertaking in reg 1.20 – whether cl 836.213 permits a person to give sponsorship undertaking after time of application. MIGRATION – certificate under s 376(2) Migration Act 1958 (Cth) – where Department gave Tribunal certificate Tribunal found valid – where Tribunal disclosed only some information covered by certificate and told applicant rest irrelevant – where provider of information withheld only sought to remain anonymous and identity not disclosed in balance of information – whether failure to disclose other information material.

Legislation: Migration Act 1958 (Cth) s 376 Migration Regulations 1994 (Cth) reg 1, sch 2 cll 836.212, 835.213, 836.227