Dhiman v Minister for Immigration & Citizenship [2012] FCA 1254

FEDERAL COURT OF AUSTRALIA

Dhiman v Minister for Immigration & Citizenship [2012] FCA 1254 Citation: Dhiman v Minister for Immigration & Citizenship [2012] FCA 1254

Appeal from: Dhiman v Minister for Immigration & Citizenship [2012] FMCA 646

Parties: RAM KISHAN DHIMAN v MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: NSD 988 of 2012

Judge: KATZMANN J

Date of judgment: 5 November 2012

Catchwords: MIGRATION — Appeal from Federal Magistrates Court dismissing application for review of Migration Review Tribunal decision – MRT affirmed decision to refuse skilled graduate visa - MRT and delegate found appellant did not meet cl 485.224 and public interest criterion 4020 as he provided false or misleading information about his employment to obtain skills assessment Trades Recognition Australia – TRA not validly specified as assessing authority at time of decision therefore cl 485 – no visa criteria upon which allegedly false information could apply - federal magistrate held jurisdictional error in MRT decision – federal magistrate found separate and independent basis for tribunal's decision not affected by jurisdictional error – whether error in federal magistrate's decision

Legislation: Migration Act 1958 (Cth) ss 65, 474 Migration Regulations 1994 (Cth) Sch 2, cll 485.213, 485.221, 485.224; Sch 4, cl 4020

Cases cited: Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Kirk v Industrial Relations Commission of New South Wales (2010) 239 CLR 531 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Prasad v Minister for Immigration and Citizenship (2012) 128 ALD 113 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Singh v Minister for Immigration & Citizenship [2012] FMCA 145 SZGXS v Minister for Immigration and Citizenship [2007] FCA 398 VBAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 965