Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Pham v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 38 Appeal from: Pham v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1196
File number: NSD 548 of 2021
Judgment of: MIDDLETON J
Date of judgment: 3 February 2022
Catchwords: MIGRATION – Migration Regulations 1994 (Cth) reg 2.08A – additional visa applications – combined visa application – whether application to add children to a Contributory Parent visa application was valid – whether Minister needed to be satisfied that additional applicants were in fact 'dependent children' – additional applications valid on basis of objective criteria being satisfied – appeal allowed
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Minister for Immigration v Bhardwaj (2002) 209 CLR 597 Minister for Immigration and Multicultural Affairs v Lim (2001) 112 FCR 589; [2001] FCA 512 Pham v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1196 Vahaakolo v Minister for Immigration and Multicultural Affairs (1999) 60 ALD 239; [1999] FCA 1709
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 48
Date of hearing: 28 September 2021
Counsel for the Appellants: Mr O Jones
Solicitor for the Appellants: Vietaust Lawyers
Counsel for the Respondent: Mr H P T Bevan
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