High Court of Australia

Tahiri v Minister for Immigration and Citizenship [2012] HCA 61

87 ALJR 225; 293 ALR 526

13 Dec 2012

Case Number: M77/2012

Before

French CJ, Bell, Gageler JJ

Catchwords

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.
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