8 Mar 2016
BI v. DIRECTOR OF IMMIGRATION
- Citation
- BI v. DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV9/2015
On proper construction of the Guidebook Dependant Policy the No Record Requirement in paragraph 5(b) is an essential eligibility criterion which a dependant visa applicant must satisfy before being considered under the policy; the Director is not under a general public law duty to take family circumstances into account although such circumstances may be considered as exceptional humanitarian factors at the Director's discretion; having regard to the record the Court allowed the Director's appeals, reversed the judgments below, and set aside the ex parte leave in the delayed application where…
- Dependant visa policy construction
- No record requirement
- Judicial review - relevant considerations
- Duty to consider family circumstances
- Delay and setting aside ex parte leave