Anand v Minister for Immigration & Citizenship [2013] FCA 1050

FEDERAL COURT OF AUSTRALIA Anand v Minister for Immigration & Citizenship [2013] FCA 1050 Citation: Anand v Minister for Immigration & Citizenship [2013] FCA 1050

Appeal from: Anand v Minister for Immigration & Anor [2012] FMCA 499

Parties: GAGAN ANAND v MINISTER FOR IMMIGRATION & CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: NSD 953 of 2012

Judge: KATZMANN J

Date of judgment: 16 October 2013

Catchwords: MIGRATION – Appeal from Federal Magistrates Court – review of decision of Migration Review Tribunal – Skilled (Provision) (Class VC) visa Subclass 487 (Skilled – Regional Sponsored) – refusal of – application to be "accompanied by" evidence of application for an Australian Federal Police check – meaning of "accompanied by" – subdivision heading "criteria to be satisfied at time of application" – evidence of application for AFP check submitted after delegate's decision – relevance of headings in interpretation of subdivisions – Migration Regulations 1994 (Cth) cl 487.216. WORDS AND PHRASES – "accompanied by".

Legislation: Migration Act 1958 (Cth) ss 29, 31(3), 351, 496(1) Migration Regulations 1994 (Cth) cl 487.216

Cases cited: Berenguel v Minister for Immigration and Citizenship (2010) 85 ALJR 251; [2010] HCA 8 Branir Pty Limited v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Gill v Minister for Immigration and Citizenship [2010] FMCA 587 Kirk v Minister for Immigration and Multicultural Affairs (1998) 87 FCR 99 MZWVH v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1016 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Silk Bros Pty Ltd v State Electricity Commission (Vict) (1943) 67 CLR 1 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609; [2007] HCA 26 Wielgus v Removal Review Authority [1993] 1 NZLR 73 at 79 Winkler v Director of Public Prosecutions (1990) 25 FCR 79