Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bhatt v Minister for Immigration and Citizenship [2012] FCA 918 Citation: Bhatt v Minister for Immigration and Citizenship [2012] FCA 918
Appeal from: Bhatt & Anor v Minister for Immigration & Anor [2012] FMCA 317
Parties: SUVASH DEO BHATT and KAMALA PANDEY v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: NSD 679 of 2012
Judge: BUCHANAN J
Date of judgment: 28 August 2012
Catchwords: STATUTORY INTERPRETATION – qualifying period of study in Australia for a residence visa – Migration reg 2.26A(6) did not refer to graduate certificates – whether "graduate certificate" fell within the natural meaning of "postgraduate diploma" – whether the failure to refer to graduate certificates was so irrational and unjust that reg 2.26A(6) should be construed to include graduate certificates
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994
Cases cited: Berenguel v Minister for Immigration and Citizenship (2010) 84 ALJR 251 Minister for Immigration and Citizenship v SZJGV (2009) 238 CLR 642
Date of hearing: 15 August 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Counsel for the Appellants: Mr J R Young
Solicitor for the Appellants: Shamser Thapa & Associates
Solicitor for the First Respondent: Clayton Utz
Counsel for the Second Respondent: The second respondent submitted save as to costs.
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