Cole v Minister for Immigration and Border Protection

(2018) 261 FCR 537; [2018] FCAFC 66

Full Court of the Federal Court1 May 2018

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Catchwords

1. Migration
1. Child (Residence) (Class BT) visa - appeal from the Federal Circuit Court
1. consideration of the meaning of “incapacity for work” pursuant to regulation 1.03(b)(ii) for the purposes of assessing dependency and whether the appellant constituted a “dependent child”
1. consideration of extrinsic material where ambiguity

Quick Take

Under regulation 1.03(b)(ii), 'incapacitated for work' includes substantial incapacity, and decision-makers should ordinarily adopt a two-stage process: first identifying the applicant's disabilities, then determining whether there is paid work the applicant can perform in Child (Residence) visa applications.

Case Details

Citation[2018] FCAFC 66

Reported(2018) 261 FCR 537

CourtFCAFC

JurisdictionCommonwealth

Decision Date1 May 2018

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Cited by7

2026Naidu v Minister for Immigration and CitizenshipFedCFamC2G 803
2026Pertini v Repatriation CommissionFCA 23
2021Rushton v Commonwealth Superannuation Corporation (No 3)FCA 358
2020FCS17 v Minister for Home AffairsFCAFC 68
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Relies on16

2011Byrnes v KendleHCA 26
2011Lacey v Attorney-General of QueenslandHCA 10
2010Wilson v State Rail Authority of New South WalesNSWCA 198
2009Alcan (NT) Alumina Pty Ltd v Commissioner of Territory RevenueHCA 41
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