Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v Islam [2012] FCA 195 Citation: Minister for Immigration and Citizenship v Islam [2012] FCA 195
Appeal from: Islam & Anor v Minister for Immigration & Anor [2011] FMCA 991
Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v SHAMA ISLAM and MD SIRAJUL ISLAM and MIGRATION REVIEW TRIBUNAL
File number: NSD 28 of 2012
Judge: ROBERTSON J
Date of judgment: 9 March 2012
Catchwords: MIGRATION – whether delegate's decision an MRT-reviewable decision - whether criterion for the granting of a subclass 457.223(2) visa that a non-citizen be sponsored by an approved sponsor - "sponsored" defined to include being identified in a nomination under s 140GB of the Migration Act
Legislation: Migration Act 1958 (Cth) ss 5, 31(3), 65, 140GB, 337, 338(2)(d) Migration Regulations 1994 (Cth) regs 2.72(5), 4.01, 4.02(1AA), 2.76(2), Sch 2 cl 457.223
Cases cited: Buck v Comcare (1996) 66 FCR 359 distinguished Pillay v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 368 referred to PPHF v Director-General of Security (2011) 193 FCR 436 applied
Date of hearing: 2 March 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 55
Counsel for the Appellant: G Kennett SC
Solicitor for the Appellant: Sparke Helmore Lawyers
Counsel for the Respondents: N Poynder
Solicitor for the Respondents: Visa Lawyers Australia
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 28 of 2012
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