Kang v Minister for Immigration and Citizenship [2013] FCA 711

FEDERAL COURT OF AUSTRALIA

Kang v Minister for Immigration and Citizenship [2013] FCA 711 Citation: Kang v Minister for Immigration and Citizenship [2013] FCA 711

Appeal from: Minister for Immigration v Kang & Anor [2012] FMCA 732 Minister for Immigration v Kang & Anor (No. 2) [2012] FMCA 918

Parties: JAGMEET SINGH KANG v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: VID 851 of 2012

Judge: NORTH J

Date of judgment: 22 May 2013

Date of hearing: 22 May 2013

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 34

Counsel for the Appellant: Mr J R Young

Solicitor for the Appellant: G & S Law Group

Counsel for the First Respondent: Mr C Horan

Solicitor for the First Respondent: Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 851 of 2012

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN: JAGMEET SINGH KANG

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: NORTH J DATE OF ORDER: 22 MAY 2013 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Subject to paragraph 2, the appeal is dismissed. 2. Paragraph 2 of the orders of the Federal Circuit Court (formerly the Federal Magistrates Court) dated 24 August 2012 be varied by deleting the words following "according to law". 3. The appellant pay the first respondent's costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.