Minister for Immigration and Border Protection v Aulakh [2018] FCAFC 91

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Border Protection v Aulakh [2018] FCAFC 91 Appeal from: Aulakh & Ors v Minister for Immigration & Anor [2017] FCCA 544

File number: VID 376 of 2017

Judges: TRACEY, MORTIMER AND MOSHINSKY JJ

Date of judgment: 19 June 2018

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – skilled visa – where visa applicant nominated occupation of hairdresser – where visa applicant lodged assessment from Trades Recognition Australia that had been based on work reference letter from hairdressing salon in India – where Migration Review Tribunal concluded that the visa applicant failed to meet the requirements of Public Interest Criterion 4020 – where Tribunal found that the visa applicant was not employed as a hairdresser at the salon during the period claimed – where hearing before primary judge proceeded on the basis that the Tribunal had found that the visa applicant had not been employed at the salon at all – where the Minister sought to contend on appeal that the Tribunal had found that the visa applicant had not been employed as a hairdresser at the salon – whether leave should be granted to raise this contention on appeal – whether the primary judge erred in concluding that the Tribunal's decision was affected by jurisdictional error – appeal allowed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Federal Court of Australia Act 1976 (Cth), s 37M Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth), ss 65, 97, 348, 357A, 359A 359AA, 430 Migration Regulations 1994 (Cth), Clause 886.225 of Sch 2, PIC 4020 of Pt 1, Sch 4 Migration Amendment Regulations 2011 (No. 1) (Cth), reg 5