Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Parmar v Minister for Immigration and Citizenship [2011] FCA 760 Citation: Parmar v Minister for Immigration and Citizenship [2011] FCA 760
Appeal from: Parmar v Minister for Immigration and Citizenship [2010] FMCA 818
Parties: DUSHYANT MANILAL PARMAR v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: NSD 1535 of 2010
Judge: PERRAM J
Date of judgment: 7 July 2011
Erratum: 7 July 2011
Catchwords: IMMIGRATION – Visas – skilled graduate visa – English language test requirements – appeal from Federal Magistrates Court upholding decision to refuse visa – whether regulation defining 'competent English' states a sufficient or necessary standard – whether valid – Migration Regulations 1994 (Cth) reg 1.15C
Legislation: Evidence Act 1995 (Cth) ss 136, 144 Federal Court of Australia Act 1976 (Cth) s 27 Immigration Restriction Act 1901 (Cth) ss 3(a), 5 Migration Act 1958 (Cth) s 504 Migration Regulations 1994 (Cth) reg 1.15C, Schedule 2 cll 485.215, 485.222 Federal Court Rules Order 80
Cases cited: Berenguel v Minister for Immigration and Citizenship (2010) 264 ALR 417 cited Craig, Williamson Pty Ltd v Barrowcliff [1915] VLR 450 cited Ghori v Minister for Immigration and Citizenship [2011] FCA 759 Kelly v The Queen (2004) 218 CLR 216 cited Minister for Primary Industry and Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381 cited Mohamad v Minister for Immigration and Citizenship (2010) 191 FCR 31 cited Queensland v Forest (2008) 168 FCR 532 cited Qiu v Minister for Immigration and Ethnic Affairs (1994) 55 FCR 439 cited R v Carter; Ex parte Kisch (1934) 52 CLR 221 cited R v Wilson; Ex parte Kisch (1934) 52 CLR 234 cited Rahman v Minister for Immigration and Multicultural Affairs [2001] FCA 1236 cited Sportsbet Pty Ltd v New South Wales (2010) 186 FCR 226 cited The King v Davey; Ex parte Freer (1936) 56 CLR 381 cited VUAX v Minister for Immigration and Multicultural Affairs [2004] FCAFC 158 cited Yu v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 140 FCR 126 cited
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