Bhanot v Minister for Immigration and Border Protection [2014] FCA 848

FEDERAL COURT OF AUSTRALIA

Bhanot v Minister for Immigration and Border Protection [2014] FCA 848 Citation: Bhanot v Minister for Immigration and Border Protection [2014] FCA 848

Appeal from: Bhanot v Minister for Immigration and Citizenship [2014] FCCA 864

Parties: VARUN KUMAR BHANOT v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: NSD 488 of 2014

Judge: PERRY J

Date of judgment: 14 August 2014

Catchwords: MIGRATION – Where application for skilled visa refused – Whether Migration Review Tribunal asked itself the correct question when determining whether appellant satisfied visa criterion – Construction of "a closely related skilled occupation" under the Migration Regulations 1994 (Cth) – Test necessitates the making of an evaluative judgment having regard to all of the facts in the individual case relating to the person's occupation as a whole ADMINISTRATIVE LAW – Whether Tribunal's error in construction constitutes jurisdictional error – Where exercise of power conditioned on a criterion expressed in ordinary, non-technical language – Where Tribunal's assessment might be described as making a finding on a mixed question of fact and law – Cannot remove the Court's jurisdiction to determine whether decision was made within lawful boundaries – Administrative tribunal cannot authoritatively determine questions of law or make a decision otherwise than in accordance with law

Legislation: Compensation Court Act 1984 (NSW), s 32 Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 65, 347 Migration Regulations 1994 (Cth), rr 1.15I, 2.26AA, Sch 2 Part 885, Sch 6B Part 6B