Jahangir v Minister For Immigration & Border Protection [2014] FCA 218

FEDERAL COURT OF AUSTRALIA

Jahangir v Minister For Immigration & Border Protection [2014] FCA 218 Citation: Jahangir v Minister For Immigration & Border Protection [2014] FCA 218

Appeal from: Jahangir & Ors v Minister For Immigration & Border Protection & Anor [2013] FCCA 1990

Parties: SHOEB MUHAMMED JAHANGIR, ZAKIA KHANAM JOLLY and AURIL NOOR AKHAND BY HIS LITIGATION REPRESENTATIVE SHOEB MUHAMMED JAHANGIR v MINISTER FOR IMMIGRATION & BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: NSD 2558 of 2013

Judge: KATZMANN J

Date of judgment: 14 March 2014

Catchwords: MIGRATION – visas – application for Skilled (Residence) (class VB) subclass 885 (Skilled – Independent) visa – requirement in subclause 885.211(3) of Schedule 2 to the Migration Regulations 1994 (Cth) that visa applicant "met the requirements of subitem 1136(5) of Schedule 1" by holding a subclass 485 visa – whether visa applicant could satisfy requirement by holding a subclass 485 visa 10 days after lodgement of visa application – whether visa application could be taken to have been made 10 days after it was lodged STATUTORY INTERPRETATION – application of principles of statutory interpretation to construction of Migration Regulations 1994 (Cth) – whether requirement that applicant hold a subclass 485 visa was a time of application criterion or time of decision criterion – relationship between heading to clause 885.21 ("Criteria to be satisfied at time of application") and text of subclause 885.211(3) – whether Berenguel v Minister for Immigration and Citizenship (2010) 264 ALR 417; [2010] HCA 8 distinguishable

Legislation: Acts Interpretation Act 1901 (Cth), ss 13, 15AA Legislative Instruments Act 2003 (Cth), s 13(1)(a) Migration Act 1958 (Cth), ss 45, 46, 47, 65, 351 Migration Regulations 1994 (Cth), regs 1.15F, 1.15B, 2.07, subcll 885.211(2), (3), (4) of Sch 1, subitems 1136(4), (5), (6) of Sch 2