Immigration – Visa – Refugee and Humanitarian (Class XB) visa – Subclass 202 Global Special Humanitarian – Public interest criterion 4015 – Combined application by mother and dependent children as additional applicants – Where applicants citizens of Afghanistan living in Pakistan – Where children's father missing – Where delegate found children's "home country" to be Afghanistan – Where delegate not satisfied that father or relatives of father consented to grant of visa – Whether delegate's decision based on correct legal understanding of public interest criterion 4015 – Whether failure to disclose adverse material.
Words and phrases – "home country", "person who can lawfully determine where the additional applicant is to live", "usually a resident", "usually resident".
Migration Act 1958 (Cth) – ss 31, 66.
Migration Regulations 1994 (Cth) – reg 1.03, Sched 2, Subclass 202, Sched 4, item 4015.
Judgment date
Case number
M77/2012
Before
French CJ, Bell, Gageler JJ
Catchwords