Prodduturi v Minister for Immigration and Border Protection [2015] FCAFC 5

FEDERAL COURT OF AUSTRALIA

Prodduturi v Minister for Immigration and Border Protection [2015] FCAFC 5 Citation: Prodduturi v Minister for Immigration and Border Protection [2015] FCAFC 5

Appeal from: Kaur & Ors v Minister for Immigration & Anor; Prodduturi v Minister for Immigration & Anor [2013] FCCA 1805

Parties: KARTHIK REDDY PRODDUTURI v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: NSD 2445 of 2013

Judges: PERRAM, PERRY AND GLEESON JJ

Date of judgment: 29 January 2015

Catchwords: MIGRATION – application for visa – where migration agent fraudulently completed visa application – public interest criterion 4020 – necessity to set aside delegate's decision EVIDENCE – where certain facts agreed by the parties and facts supported by evidence – where judge in Court below found that the appellant had failed to prove an undisputed fact APPEALS – where remedy sought that was not sought in Court below – whether Court has no jurisdiction to entertain suit – utility in granting relief

Legislation: Constitution s 75(v) Evidence Act 1995 (Cth) s 140 Migration Act 1958 (Cth) ss 31, 476(2) Migration Agents Regulations 1998 (Cth) Migration Regulations 1994 (Cth) reg 2.03, Sch 2 cls 485.221 and 485.224, Sch 4 PIC 4020

Cases cited: Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 cited Coulton v Holcombe (1986) 162 CLR 1 cited Damberg v Damberg (2001) 52 NSWLR 492 applied Jones v Dunkel (1959) 101 CLR 298 considered Metwally v University of Wollongong (1985) 60 ALR 68 considered SZBYR v Minister for Immigration and Citizenship (2007) 96 ALD 1 applied