Gacic v Minister for Immigration and Citizenship [2012] FCA 531

FEDERAL COURT OF AUSTRALIA

Gacic v Minister for Immigration and Citizenship [2012] FCA 531 Citation: Gacic v Minister for Immigration and Citizenship [2012] FCA 531

Appeal from: Gacic & Anor v Minister for Immigration & Anor [2011] FMCA 403

Parties: LJILJANA GACIC and BRANISLAV CIRIC v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: NSD 929 of 2011

Judge: BESANKO J

Date of judgment: 25 May 2012

Catchwords: PRACTICE AND PROCEDURE – application to adduce further evidence on appeal – s 27 of Federal Court of Australia Act 1976 (Cth). Held: the amended transcript of the hearing before the Tribunal be received as further evidence on the appeal. MIGRATION – procedural fairness – appeal from decision of Federal Magistrates Court to dismiss appeal from decision of Migration Review Tribunal ("Tribunal") affirming decision of first respondent to refuse appellants' applications for Business Skills – Established Business (Residence) (Class BH) visas – where second appellant "secondary applicant" pursuant to clause 845.3 of Migration Regulations 1994 (Cth) ("Regulations") since initial application – where "primary applicant" required to satisfy "primary criteria" pursuant to clause 845.2 of Regulations – where appellants claim second appellant purported to give evidence relevant to fulfilment of primary criteria – where second appellant interrupted by Tribunal member on basis of status as secondary applicant – where Tribunal found second appellant did not satisfy primary criteria – whether failure to comply with s 360 of Migration Act 1958 (Cth) – whether jurisdictional error. Held: The appeal must be dismissed.