Yu v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs

In the case of Yu v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs, the appellants sought judicial review of a decision by the respondent to refuse to grant them Business Owner visas under the Migration Act 1958. The primary issue before the court was whether the appellants were required to satisfy the relevant criteria at the time of the Administrative Appeals Tribunal’s review decision or whether it was sufficient that they satisfied the criteria at the time of the delegate's decision. The appellants argued that the phrase "Criteria to be satisfied at time of decision" in the relevant provisions referred to the delegate's decision, not the Tribunal's decision, and relied on the case of Shi v Migration Agents Registration Authority to support this argument.

The court considered the relevant statutory provisions and noted that courts have approached analogous provisions in a similar manner, treating the headings of criteria as substantive headings. The court also examined the legislative framework and found that the headings in the Migration Regulations were considered part of the regulations under the Acts Interpretation Act 1901. The court held that the appellants were required to satisfy the relevant criteria at the time of the Tribunal's decision on review, not just at the time of the delegate's decision. Consequently, the appeal was dismissed, and the appellants were ordered to pay the respondent's costs.