Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Seema v Minister for Immigration and Citizenship [2012] FCA 257 Citation: Seema v Minister for Immigration and Citizenship [2012] FCA 257
Appeal from: Seema & Ors v Minister for Immigration & Anor [2011] FMCA 454
Parties: SEEMA, ARUN KUMAR and KHUSHI SANGRI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: NSD 1010 of 2011
Judge: SIOPIS J
Date of judgment: 20 March 2012
Catchwords: MIGRATION – application for Skilled (Residence) (Class VB) visa (Subclass 885) as a cook – points test - appellant had been employed as a cook before obtaining a Certificate III qualification in cooking – whether the period of employment prior to obtaining the Certificate III could be included in the qualifying period of employment for the purposes of establishing an Australian employment qualification as part of the points test.
Legislation: Migration Act 1958 (Cth) Pt 2 Div 3 Subdiv B Migration Regulations 1994 (Cth) ASCO Code 4513-11; Sch 2 cl 885.221; Sch 6B Item 6B51; reg 1.15I, Legislative Instrument IMMI 10/026; Legislative Instrument Sch 1, Sch 4
Cases cited: Minister for Immigration and Citizenship v Kamruzzaman (2009) 112 ALD 550 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 (2003) 198 ALR 59 WAKK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 225 Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425
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