Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Dhillon [2014] FCAFC 157 Citation: Minister for Immigration and Border Protection v Dhillon [2014] FCAFC 157
Appeal from: Dhillon v Minister for Immigration & Anor [2014] FCCA 552
Parties: MINISTER FOR IMMIGRATION AND BORDER PROTECTION v HARISH KUMAR DHILLON and MIGRATION REVIEW TRIBUNAL
File number: VID 276 of 2014
Judges: ALLSOP CJ, MURPHY AND PAGONE JJ
Date of judgment: 21 November 2014
Catchwords: MIGRATION – Appeal from Federal Circuit Court – application for Skilled (Residence) Class VB visa – application rejected for failure to meet public interest criterion – decision made with reference to material not provided to applicant – material suggested that applicant's work reference was a 'bogus document' – whether Tribunal required or authorised to refuse applicant's request for access to material – whether failure to provide material a breach of procedural fairness – whether applicant's qualifications 'closely related' to nominated skilled occupation.
Legislation: Crimes Act 1914 (Cth) Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) Privacy Act 1988 (Cth)
Cases cited: AZADM v Minister for Immigration and Border Protection [2014] FCA 143 Bhanot v Minister for Immigration and Border Protection [2014] FCA 848 Constantino v Minister for Immigration and Border Protection [2013] FCA 1301 Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2014] FCA 25 Kandel v Minister for Immigration [2014] FCCA 1479 Khan v Minister for Immigration and Citizenship (2011) 192 FCR 173 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252 Shields v Overland (2009) 26 VR 303 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 SZJTK v Minister for Immigration and Citizenship [2008] FCA 1712 SZNNE v Minister for Immigration and Citizenship [2010] FCA 194 SZNPB v Minister for Immigration and Citizenship [2010] FCA 61 SZNPK v Minister for Immigration and Citizenship [2009] FCA 1271 SZQAO v Minister for Immigration and Citizenship [2011] FCA 874 TEC Desert Pty Ltd v Commissioner of State Revenue (WA) (2010) 241 CLR 576 Vyas v Minister for Immigration, Multicultural Affairs and Citizenship (2013) 281 FLR 247
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