Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Han v Minister for Immigration & Citizenship [2011] FCA 1437 Citation: Han v Minister for Immigration & Citizenship [2011] FCA 1437
Appeal from: Han v Minister for Immigration & Citizenship [2011] FMCA 495
Parties: QING HAN v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: WAD 303 of 2011
Judge: GILMOUR J
Date of judgment: 15 December 2011
Catchwords: MIGRATION – appeal from the Federal Magistrates Court affirming the decision of the Migration Review Tribunal not to grant a Skilled (Provisional) (Class VC) visa – jurisdictional error whether the mandatory requirements under cl 485.213(a) of the regulations were met – whether there was actual or reasonably apprehended bias on behalf of the decision-makers
Legislation: Migration Act 1958 (Cth), ss 31, 65 Migration Regulations 1994 (Cth) cls 485.213, 1229, 845.21, Regs 1.15, 2.01, 2.02, 2.03 Amendment Regulations 2009 (No 4) regs 2 and 4
Cases cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Hot Holdings Pty Ltd v Creasy (2002) 210 CLR 438 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425
Date of hearing: 23 November 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 30
Counsel for the Appellant: The appellant appeared in person
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