Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v Grant [2009] FCA 1059
MIGRATION – application for skilled visa – criteria necessary to be fulfilled at the time of application and of decision – whether criteria in cl 485.215(c) of Sch 2 of the Migration Regulations 1994 (Cth) fulfilled – whether the undertaking of a language test before the date of application for the visa satisfies the criterion of the visa application being accompanied by evidence of applicant having made arrangements to undergo a language test. Held: appeal allowed. Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 Grant and Anor v Minister for Immigration and Anor [2009] FMCA 406 Minister for Immigration and Citizenship v Kamal [2009] FCAFC 98 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28
MINISTER FOR IMMIGRATION AND CITIZENSHIP v LEON GRANT, YUKO YOKOI and MIGRATION REVIEW TRIBUNAL
NSD 485 of 2009
JAGOT J
21 SEPTEMBER 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General Division NSD 485 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Appellant
AND: LEON GRANT
First Respondent
YUKO YOKOI
Second Respondent
MIGRATION REVIEW TRIBUNAL
Third Respondent
JUDGE: JAGOT J
DATE OF ORDER: 21 SEPTEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. Orders (1)-(4) of the Federal Magistrates Court made on 6 May 2009 be set aside. 3. The first and second respondents' application for review of the decision of the Migration Review Tribunal dated 24 November 2008 affirming the decision of the appellant's delegate not to grant the first and second respondents Skilled (Provisional) (Class VC) visas under s 65 of the Migration Act 1958 (Cth) be dismissed. 4. The first and second respondents pay the appellant's costs of the appeal and the proceeding before the Federal Magistrates Court, as agreed or taxed.
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