Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kaur v Minister for Immigration and Border Protection [2014] FCA 1276 Citation: Kaur v Minister for Immigration and Border Protection [2014] FCA 1276
Appeal from: Kaur v Minister for Immigration & Anor [2014] FCCA 1264
Parties: SATVIR KAUR v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File numbers: NSD 678 of 2014
Judges: BARKER J
Date of judgment: 25 November 2014
Catchwords: MIGRATION – application for skilled (provisional) (class VC) visa – where Tribunal found that appellant had provided false or misleading information in a material particular and did not satisfy public interest criterion 4020(1) Migration Regulations 1994 (Cth) – appeal from Federal Circuit Court of Australia – validity of public interest criterion 4020 as it applied to visa application – whether Tribunal applied correct legal test in assessing whether information provided was false or misleading
Legislation: Legislative Instruments Act 2003 (Cth) s 12(2) Migration Act 1958 (Cth) s 97 Migration Amendment Regulations 2011 (Cth) reg 3, reg 5, reg 5(2)(a), item 4 of Sch 3 Migration Regulations 1994 (Cth) reg 2.26B, reg 2.26B(1A), Sch 2: cl 485.221, cl 485.224, Sch 4: cl 4020, cl 4020(1), cl 4020(2), cl 4020(5)
Cases cited: Batra v Minister for Immigration and Citizenship [2013] FCA 274; (2013) 212 FCR 84 Hu v Minister for Immigration and Citizenship [2007] FMCA 1710; (2007) 214 FLR 296 Kaur v Minister for Immigration & Anor [2014] FCCA 1264 Kaur v Minister for Immigration [2013] FCCA 2209 Khan v Minister for Immigration and Citizenship [2011] FCA 75 Kozel v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 658; (2004) 138 FCR 181 Kruse v Johnson [1898] 2 QB 91 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Minister for Primary Industries and Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381 Mudiyanselage v Minister for Immigration & Citizenship [2012] FMCA 887 Shah v Minister for Immigration and Citizenship [2011] FMCA 18; (2011) 249 FLR 136 Trivedi v Minister for Immigration and Border Protection [2014 FCAFC 42; (2014) 220 FCR 169
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