Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Batra v Minister for Immigration and Citizenship [2013] FCA 274 Citation: Batra v Minister for Immigration and Citizenship [2013] FCA 274
Appeal from: Ankit Batra v Minister for Immigration & Anor [2012] FMCA 544
Parties: ANKIT BATRA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: VID 542 of 2012
Judge: MURPHY J
Date of judgment: 28 March 2013
Catchwords: MIGRATION – appeal from decision of Federal Magistrates Court – whether Migration Review Tribunal's decision affected by jurisdictional error – cancellation of skilled migration visa – subclass 885 visa – criteria relevant to consideration prior to cancellation – bogus document – improperly specified skills assessment authority – whether visa application assessment criteria not applicable
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Ankit Batra v Minister for Immigration and Anor [2012] FMCA 544 Dai v Minister for Immigration and Citizenship and Anor (2007) 165 FCR 458 McDade v Minister for Immigration and Multicultural Affairs [2000] FCA 528 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 VKAW v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 25 Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 167
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