Kaur v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 435

Federal Court of Australia

Kaur v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 435 Appeal from: Kaur v Minister for Immigration & Anor [2020] FCCA 1835

File number(s): NSD 765 of 2020

Judgment of: GOODMAN J

Date of judgment: 1 May 2024

Catchwords: MIGRATION – aged dependent relative visa – appeal from decision of the (then) Federal Circuit Court of Australia on judicial review of a decision of the Administrative Appeals Tribunal – whether the Tribunal failed to consider evidence advanced by the appellant – whether such a failure was material – appeal allowed

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth), regs 1.03, 1.05A; Sch 2, cll 838.212, 838.221

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 268 CLR 29 ETA067 v The Republic of Nauru [2018] HCA 46; (2018) 92 ALJR 1003 Fernandez v Minister for Immigration and Border Protection [2015] FCA 1265; (2015) 238 FCR 251 Kaur v Minister for Immigration & Anor [2020] FCCA 1835 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; (2014) 309 ALR 67 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 275 CLR 582 SZTMD v Minister for Immigration and Border Protection [2015] FCA 150; (2015) 150 ALD 34