Hadiuzzaman v Minister for Immigration and Citizenship [2008] FCA 1015

FEDERAL COURT OF AUSTRALIA

Hadiuzzaman v Minister for Immigration and Citizenship [2008] FCA 1015

MOHAMMED HADIUZZAMAN v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL VID768 OF 2007

RYAN J

4 july 2008

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 768 OF 2007

BETWEEN: MOHAMMED HADIUZZAMAN

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: RYAN J

DATE OF ORDER: 4 july 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal including any reserved costs, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 768 OF 2007

BETWEEN: MOHAMMED HADIUZZAMAN

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: RYAN J

DATE: 4 july 2008

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 By notice of appeal filed in this Court on 22 August 2007, the appellant appeals from a decision of McInnis FM delivered on 3 August 2007: see Hadiuzzaman v Minister for Immigration [2007] FMCA 1266. His Honour dismissed an application for judicial review of a decision of the Migration Review Tribunal ("the Tribunal") dated 3 November 2006. The Tribunal had affirmed the decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs, as she then was ("the Minister"), who had found that the appellant was not entitled to the grant of a skilled-independent overseas student (residence) (class DD) visa ("the skilled visa"). 2 The appellant is a citizen of Bangladesh, born on 1 September 1978, who arrived in Australia on 28 October 2000 on a student visa. The appellant was subsequently granted other student visas. On 11 March 2004, the appellant applied for a skilled visa. That application was accompanied by a submission from his migration agent in relation to the appellant's qualifications and points allocation. 3 On 20 May 2004, the Minister sent a letter to the appellant, advising that an assessment had been made on the basis of the information provided with his application and supporting documents, and that he would be required to sit an English language test. The appellant replied by letter dated 26 July 2004, including the result from an International English Language Testing System test ("IELTS test") dated 12 June 2004. On 5 October 2004 the appellant's migration agent forwarded to the Minister the result of an IELTS test undertaken by the appellant on 25 September 2004. On 19 May 2005 the appellant's application was refused by a delegate of the Minister, for failing the points assessment.