Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kumar v Minister for Immigration and Border Protection [2014] FCA 1336 Citation: Kumar v Minister for Immigration and Border Protection [2014] FCA 1336
Appeal from: Kumar & Anor v Minister for Immigration & Anor [2014] FCCA 1439
Parties: PARDEEP KUMAR and MS KOMAL v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: VID 358 of 2014
Judge: BEACH J
Date of judgment: 4 December 2014
Catchwords: MIGRATION – judicial review – Migration Review Tribunal – Skilled (Provisional) (Class VC) visa – requirement of competent English under Migration Regulations 1994 (Cth) – time frame within which to produce English language test results – terms of application form – lack of procedural fairness – no jurisdictional error – appeal dismissed
Legislation: Federal Circuit Court Rules 2001(Cth) r 16.05(1), 16.08(1) Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 55, 65, 99-101, 476 Migration Amendment Regulations 2011 (No 3) (Cth) Migration Regulations 1994 (Cth) regs 1.03, 1.15C, cl 487.215 of Sch 2 Cases cited: Berenguel v Minister for Immigration and Citizenship (2010) 114 ALD 1 Datchinamurthy v Minister for Immigration and Border Protection [2014] FCCA 258 Katam v Minister for Immigration and Border Protection [2014] FCCA 633 Minister for Immigration and Citizenship v Kamal (2009) 178 FCR 379 Shafi v Minister for Immigration and Border Protection [2014] FCCA 577 Singh v Minister for Immigration and Border Protection [2014] FCA 185
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