Federal Court. Regulation 2.08A is the regulatory mechanism by which certain applicants may be added to an existing permanent visa application. Did r 2.08A require the Minister to "ascertain or be satisfied that the additional applicant was indeed a ‘dependent child’ of the original applicant"? Must the ‘statement’ required by r 2.08A(1)(c) impliedly be one made in good faith?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Regulation 2.08A is the regulatory mechanism by which certain applicants may be added to an existing permanent visa application. Can it be said that "reg 2.08A required the Minister to ascertain or be satisfied that the additional applicant was indeed a ‘dependent child’ of the original applicant"?
Question 2: Can it be said that "the ‘statement’ required by reg 2.08A(1)(c) must impliedly be one made in good faith"?
The FCA answered those questions as follows: