Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Prasad v Minister for Immigration and Citizenship [2012] FCA 591 Citation: Prasad v Minister for Immigration and Citizenship [2012] FCA 591
Appeal from: Prasad v Minister for Immigration & Anor [2012] FMCA 57
Parties: SUNIL PRASAD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: QUD 130 of 2012
Judge: LOGAN J
Date of judgment: 17 May 2012
Catchwords: MIGRATION – subclass 485 (skilled-graduate) visa – proper construction of Migration Regulations 1994 (Cth) cl 485.213(b) that area of study is to be "closely related" to applicant's nominated skilled occupation – whether Federal Magistrates Court had failed to appreciate that the Migration Review Tribunal directed itself to the wrong question and thereby committed jurisdictional error – Migration Review Tribunal declared guidance in ministerial policy manual as to the requirement that study be "closely related" to the applicant's nominated skilled occupation to be unlawful Held: No such error by Federal Magistrates Court or by Migration Review Tribunal – preference for and adoption by Federal Magistrates Court of construction of definition of "closely related" in Uddin v Minister for Immigration and Citizenship [2010] FCA 1281 approved PRACTICE AND PROCEDURE – notice of contention – requirement for notice where correctness of decision below being supported by respondent on other ground – alternative case raised only in written and oral submissions – costs not awarded to respondent as a result
Legislation: Migration Act 1958 (Cth) Migration Regulations (Cth)
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