Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gill v Minister for Immigration and Border Protection [2016] FCAFC 142 Appeal from: Gill v Minister for Immigration and Border Protection [2015] FCCA 1
File number: VID 77 of 2015
Judges: KENNY, GRIFFITHS AND MORTIMER JJ
Date of judgment: 17 October 2016
Catchwords: MIGRATION – where migration agent engaged in fraud in lodging visa application – whether finding by primary judge that applicant gave general authority to agent and was "indifferent" to agent's conduct meant that he should bear responsibility for agent's fraud – no finding of fact by primary judge that visa applicant's indifference extended to whether the agent's conduct was lawful or unlawful – whether common law principles of agency apply without modification in context of the Migration Act 1958 (Cth) – Held: appeal allowed, matter remitted to Federal Circuit Court of Australia for reconsideration by a judge other than the primary judge.
Legislation: Migration Act 1958 (Cth), Pt 3, Div 3, ss 45, 46, 47, 48, 49, 98, 276, 277, 280, 290, 290(2)(a), 314, 425, 425(2), 476 Migration Agents Regulations 1998 (Cth), Sch 2 Migration Regulations 1994 (Cth), Schs 2, 4, cls 485, 485.224, PIC 4020, 4020(1)
Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68 Hinton v Alpha Westmead Private Hospital [2016] FCAFC 107 Minister for Immigration and Citizenship v Lu [2010] FCAFC 147; 189 FCR 525 Prodduturi v Minister for Immigration and Border Protection [2014] FCA 624; 142 ALD 550 Prodduturi v Minister for Immigration and Border Protection [2015] FCAFC 5; 144 ALD 243 Singh v Minister for Immigration and Border Protection [2016] FCAFC 141 Sran v Minister for Immigration and Citizenship [2014] FCCA 37 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; 232 CLR 189 SZMGX v Minister for Immigration and Citizenship [2009] FCAFC 67 SZSXT v Minister for Immigration and Border Protection [2014] FCAFC 40; 222 FCR 73 WABZ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 30; 134 FCR 271
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