Ashraf v Minister for Immigration and Border Protection [2018] FCAFC 50

FEDERAL COURT OF AUSTRALIA

Ashraf v Minister for Immigration and Border Protection [2018] FCAFC 50 Appeal from: Ashraf v Minister for Immigration [2017] FCCA 373

File number: VID 282 of 2017

Judges: TRACEY, MORTIMER AND MOSHINSKY JJ

Date of judgment: 3 April 2018

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – skilled visa – where the Migration Review Tribunal affirmed decision of a delegate of the Minister to refuse visa – where grounds of Tribunal's decision included failure to satisfy Public Interest Criterion 4020 – where applicant requested the Tribunal to summon a witness, namely the person who had purportedly signed a work experience reference, but the Tribunal did not do so – whether Tribunal decision affected by jurisdictional error – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 5, 56, 97, 352, 359, 363, 424 Migration Regulations 1994 (Cth), Sch 4, cl 4020

Cases cited: Abebe v Commonwealth of Australia (1999) 197 CLR 510 AZAFB v Minister for Immigration and Border Protection (2015) 244 FCR 144 BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 DZADQ v Minister for Immigration and Border Protection (2014) 143 ALD 659 Endeavour Energy v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2016) 244 FCR 178 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v Khadgi (2010) 190 FCR 248 Minister for Immigration and Citizenship v Le (2007) 164 FCR 151 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429 Minister for Immigration and Citizenship v SZKTI (2009) 238 CLR 489 Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 MZABA v Minister for Immigration and Border Protection (2015) 234 FCR 425 Patel v Minister for Immigration and Border Protection (2015) 145 ALD 566 Perera v Minister for Immigration and Multicultural Affairs [2002] FCA 743 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 SZLPO v Minister for Immigration and Citizenship (No 1) (2009) 177 FCR 1 SZOIN v Minister for Immigration and Citizenship (2011) 191 FCR 123 SZRLO v Minister for Immigration and Citizenship [2013] FCA 825 Transurban City Link Ltd v Allan (1999) 95 FCR 553 Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22