Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mohamad v Minister for Immigration and Citizenship [2010] FCA 1414 Citation: Mohamad v Minister for Immigration and Citizenship [2010] FCA 1414
Appeal from: Mohamad v Minister for Immigration & Anor [2010] FMCA 539
Parties: MOEMEN RADY ABDELNAEIM MOHAMAD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: NSD 1242 of 2010
Judge: BUCHANAN J
Date of judgment: 16 December 2010
Catchwords: ADMINISTRATIVE LAW – Migration Regulations 1994 (Cth) – vocational English – achieving IELTS scores "in a test" – whether error of construction – whether jurisdictional error
Legislation: Migration Act 1958 (Cth) ss 5, 351, 367 Migration Regulations 1994 (Cth) reg 1.15B, Sch 2 cl 880.223
Cases cited: Bodruzza v Minister for Immigration and Multicultural Affairs (2007) 228 CLR 651
Date of hearing: 26 November 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 23
Counsel for the Appellant: The Appellant appeared in person
Counsel for the First Respondent: Mr J. King
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1242 of 2010
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MOEMEN RADY ABDELNAEIM MOHAMAD
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: BUCHANAN J DATE OF ORDER: 16 December 2010 WHERE MADE: SYDNEY
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