Kaur v Minister for Immigration and Border Protection [2017] FCAFC 184

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Immigration and Border Protection [2017] FCAFC 184 Appeal from: Kaur & Ors v Minister for Immigration & Anor [2017] FCCA 844

File number: VID 406 of 2017

Judges: DOWSETT, PAGONE, BURLEY JJ

Date of judgment: 27 November 2017

Catchwords: MIGRATION – application for skilled visa – public interest criterion 4020 – evidence of provision of "bogus document" to assessing authority – whether the Tribunal misconceived its function or misapplied public interest criterion 4020(4) – whether Tribunal erred by failing to undertake inquiries – whether Tribunal should have exercised power to summons witness – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 363 Migration Regulations 1994 (Cth)

Cases cited: AB v Minister for Immigration and Citizenship [2007] FCA 910; (2007) 96 ALD 53 Le v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 875 Minister for Immigration and Citizenship v Le [2007] FCA 1318; (2007) 164 FCR 151 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 259 ALR 429 Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; (1995) 183 CLR 273 MZZGB v Minister for Immigration and Border Protection [2014] FCA 1052 Paduano v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 211; (2005) 143 FCR Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Singh v Minister for Immigration and Border Protection [2017] FCA 1285 Snedden v Minister for Justice [2014] FCAFC 156; (2014) 230 FCR 82 SZMJM v Minister for Immigration and Citizenship [2010] FCA 309