Khan v Minister for Immigration and Citizenship [2011] FCA 75

FEDERAL COURT OF AUSTRALIA

Khan v Minister for Immigration and Citizenship [2011] FCA 75 Citation: Khan v Minister for Immigration and Citizenship [2011] FCA 75

Appeal from: Khan v Minister for Immigration and Citizenship [2010] FMCA 546

Parties: MOHAMMAD SAIFUR RAHMAN KHAN, MANZIR YASMIN EMON and MARZUQ RAHMAN KHAN v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: NSD 1146 of 2010

Judge: MOORE J

Date of judgment: 11 February 2011

Catchwords: MIGRATION – appeal from a decision of Federal Magistrates Court of Australia dismissing application for review of a decision of Migration Review Tribunal to affirm decision of Minister to refuse visa – at the time of the Minister's decision, information provided by the visa applicant was found to be false and misleading in material particular – additional information furnished after the Minister's decision which may sustain the conclusion sought to be reached in reliance on false and misleading information – the question to be asked is whether, prior to or at the time of the Minister's decision, the body charged with assessing the applicant's qualifications was misled

Legislation: Migration Act 1958 (Cth) ss 29(1)(b), Migration Regulations 1994 (Cth) item 1128CA of Schedule 1, clause 880.2 of Schedule 2

Cases cited: Berenguel v Minister for Immigration (2010) 264 ALR 417 Kim v Minister for Immigration, Local Government and Ethnic Affairs (1993) 44 FCR 75 Meeuwissen v Boden (2010) 55 MCR 174 Minister for Immigration, Local Government and Ethnic Affairs v Dela Cruz (1992) 34 FCR 348 Singh v Minister for Immigration and Ethnic Affairs [1994] FCA 1011 Wong v Minister for Immigration and Ethnic Affairs (1994) 37 ALD 51