Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Verma v Minister for Immigration and Border Protection [2018] FCAFC 87 Appeal from: Verma v Minister for Immigration & Anor [2017] FCCA 2079
File number(s): NSD 1661 of 2017
Judge(s): NORTH, FARRELL AND DAVIES JJ
Date of judgment: 7 June 2018
Catchwords: MIGRATION – Appeal from Federal Circuit Court ("FCCA") dismissing appellant's application for judicial review of a decision of the Tribunal affirming a decision of a delegate of the Minister not to grant the appellant a skilled visa – Appellant claimed to have satisfied the visa criterion of having "competent English" by obtaining sufficient scores in an IELTS test conducted in India by the British Council – British Council later found that an imposter sat the IELTS test on behalf of the appellant and revoked the appellant's test scores on this basis – Visa application refused by a delegate of the Minister on the basis that the appellant did not demonstrate he had "competent English", and that the IELTS scores were a 'bogus document' such that the appellant had not satisfied PIC 4020 – Appellant not informed of British Council's investigation or of the outcome of that investigation until approximately 2 years later, at which point the records had been destroyed – whether the FCCA erred in failing to find that British Council acted in breach of procedural fairness – whether FCCA erred in failing to find that procedural fairness required the Minister to inform the appellant of the finding of the British Council.
Legislation: Migration Act 1958 (Cth)
Cases cited: Aggarwal v Minister for Immigration [2015] FCA 1312 Minister for Immigration and Citizenship v Maman [2012] 200 FCR 30 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29 Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 Plaintiff M61/2010E v Commonwealth of Australia [2010] HCA 41 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16 R v Criminal Injuries Compensation Board Ex Parte A [1999] 2 AC 330 Re Minister for Immigration and Multicultural and Indigenous Affairs (2003) 211 CLR 438 Talukder v Minister for Immigration [2009] FCA 916 Wei v Minister for Immigration and Border Protection [2015] HCA 51
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate