Vo v Minister for Home Affairs

[2019] FCAFC 108

Full Court of the Federal Court25 June 2019

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Misconstruction of statutory provisions
5. › Tribunal asking itself the wrong question
6. › Whether Tribunal misconstrued definition of 'dependent' in reg 1.05A of Migration Regulations 1994 (Cth)
7. › Migration Regulations 1994 (Cth), regs 1.05A, 1.12
1. Administrative Law
2. › Judicial review
3. › Legal unreasonableness
4. › Implied statutory standard of reasonableness
5. › Factual findings
6. › Whether finding that certain evidence was 'the only evidence' when other evidence existed rendered decision legally unreasonable
7. › Whether error infected the decision in a foundational sense
1. Migration
2. › Visas
3. › Regional Employer Nomination (Permanent) visa
4. › Secondary applicant
5. › Member of family unit
6. › Meaning of 'dependent'
7. › Whether person can be 'wholly or substantially reliant' on more than one person
8. › Migration Regulations 1994 (Cth), regs 1.05A, 1.12, Schedule 2 cl 187.311
1. Administrative Law
2. › Judicial review
3. › Legal unreasonableness
4. › Failure to consider evidence
5. › Whether failure to refer to corroborative evidence on non-dispositive issue constituted jurisdictional error

Quick Take

Regulation 1.05A permits a person to be substantially reliant on more than one person, and "substantially reliant" does not require predominant or majority reliance; it requires a meaningful degree of financial reliance such that without the support the person's basic needs would not be met.