Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v Kamal [2009] FCAFC 98
MIGRATION – application for Student (Temporary) (Class TU) visa under the Migration Act 1958 (Cth) – criteria for subclass 572 visa – requirement to demonstrate English language proficiency in accordance with Schedule 5A of the Migration Regulations 1994 (Cth) – meaning of "[a test] taken less than two years before the date of application" – whether provision requires that test be taken prior to date of application or whether it can be taken after date of application
Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) rr 1.41(1), 1.44(1), Sch 2, sub-cll 572.223(1), 572.223(2)(a)(i), Sch 5A, Items 5A404(a), 5A404(b) Kamal v Minister for Immigration and Citizenship [2009] FMCA 238; affirmed Rana v Minister for Immigration and Citizenship [2009] FMCA 553; referred to
MINISTER FOR IMMIGRATION AND CITIZENSHIP v MOHAMMAD ANOWER KAMAL and MIGRATION REVIEW TRIBUNAL
NSD 299 of 2009
FINN, EMMETT & EDMONDS JJ
21 AUGUST 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 299 of 2009
GENERAL DIVISION
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Appellant
AND: MOHAMMAD ANOWER KAMAL
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGES: FINN, EMMETT & EDMONDS JJ
DATE OF ORDER: 21 AUGUST 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The Appellant pay the First Respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 299 of 2009
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