Sherzad v Minister for Immigration and Citizenship [2008] FCAFC 145

Sherzad v Minister for Immigration and Citizenship [2008] FCAFC 145

Regulation 1.15(1)(c) of the Migration Regulations 1994 (Cth) requires that there must be no overseas near relative with whom the visa applicant has had contact within a reasonable period before making the application; lack of contact with only one such relative is insufficient.

Jurisdiction
Australia
Judgment Date
18 August 2008
Procedural Posture
Appeal / Full Federal Court Appeal From a Single Judge
Outcome
appeal dismissed
Legal Topics
['interpretation of Migration Regulations' 'remaining Relative Visa Requirements' 'construction of Reg 1.15 of Migration Regulations']
['migration Law'] ['interpretation of Migration Regulations' 'remaining Relative Visa Requirements' 'construction of Reg 1.15 of Migration Regulations']

Case Brief

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Procedural Posture

Appeal / Full Federal Court Appeal From a Single Judge

Legal Issues

  1. 1 ['Whether reg 1.15(1)(c) of the Migration Regulations 1994 (Cth) requires no contact with all overseas near relatives within a reasonable period before visa application or if it is sufficient if no contact has been had with only one such relative']

Ratio Decidendi

Regulation 1.15(1)(c) of the Migration Regulations 1994 (Cth) requires that there must be no overseas near relative with whom the visa applicant has had contact within a reasonable period before making the application; lack of contact with only one such relative is insufficient.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of the appeal."]