Vo v Minister for Home Affairs [2019] FCAFC 108 (25 June 2019) (Derrington, Banks-Smith and Colvin JJ)


Catchwords:


MIGRATION – appeal from decision of the Federal Circuit Court dismissing application for review of decision of the Administrative Appeals Tribunal affirming delegate’s decision to refuse the appellant’s application for a Regional Employer Nomination (Permanent) (Class RN) visa – consideration of the proper interpretation of reg 1.05A of the Migration Regulations 1994 (Cth) – whether the primary judge was in error in not finding jurisdictional error by the Tribunal – whether the Tribunal misconstrued the statutory provisions – whether the Tribunal failed to have regard to evidence of the appellant’s dependence on her son – whether the Tribunal’s adverse findings lacked an evident and intelligible justification – whether the Tribunal’s decision was legally unreasonable – where the Tribunal failed to discharge the statutory task – appeal allowed