Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mohamed Farook v Minister for Immigration and Border Protection [2014] FCA 1017 Citation: Mohamed Farook v Minister for Immigration and Border Protection [2014] FCA 1017
Appeal from: Farook v Minister for Immigration and Anor [2014] FCCA 1000
Parties: ANWAR ALI MOHAMED FAROOK v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: VID 319 of 2014
Judge: MURPHY J
Date of judgment: 17 September 2014
Catchwords: MIGRATION – Skilled (Provisional) (Class VC) visa – failure to meet English language requirements – "Competent English" – whether failure to consider different visa subclasses – Migration Regulations 1994 (Cth) reg 1.15C – relevant statutory instruments applicable to particular visa class – whether identifying incorrect statutory instrument resulted in jurisdictional error
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: A & M Short Pty Ltd v Prestige Residential Marketing Pty Ltd (2005) 194 FLR 32 Berenguel v Minister for Immigration and Citizenship (2010) 114 ALD 1 Dome Resources NL v Silver (2008) 72 NSWLR 693 Envy Trading v State of Queensland [1998] 1 Qd R 413 Farook v Minister for Immigration and Anor [2014] FCCA 1000 Huynh v Minister for Immigration and Citizenship (2013) 210 FCR 580 Ibrahim v Minister for Immigration and Citizenship [2009] FCA 1328 Lindner v Wright (1976) 14 ALR 105
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