Federal Court of Australia
Federal Court of Australia
Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1732 Appeal from: Nguyen v Minister for Immigration & Anor [2019] FCCA 3317
File number: QUD 779 of 2019
Judgment of: REEVES J
Date of judgment: 30 November 2020
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – where the primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal (the Tribunal) – where the Tribunal affirmed a decision of the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refusing the appellant's application for a Subclass 836 (Carer) visa – where the appellant was sponsored by her sister under cl 836.213 of the Migration Regulations 1994 (Cth) – whether the residency criteria prescribed by cl 836.213 required the appellant and sponsor to be "usually resident" in the same household – whether the primary judge erred in finding that the Tribunal had not fallen into jurisdictional error – appeal allowed
Legislation: Acts Interpretation Act 1901 (Cth) Migration Amendment Regulations 2002 (No. 2) (Cth) Migration Regulations 1994 (Cth)
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 45
Date of hearing: 16 June 2020
Counsel for the Appellant: Mr L Boccabella
Solicitor for the Appellant: T Lawyers
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