Siddique v Minister for Immigration & Border Protection [2014] FCA 1352

FEDERAL COURT OF AUSTRALIA

Siddique v Minister for Immigration & Border Protection [2014] FCA 1352 Citation: Siddique v Minister for Immigration and Border Protection [2014] FCA 1352

Appeal from: Application for leave to appeal: Siddique v Minister for Immigration and Border Protection [2014] FCCA 1028

Parties: NOOR ALAM SIDDIQUE v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: NSD 576 of 2014

Judge: GILMOUR J

Date of judgment: 12 December 2014

Catchwords: MIGRATION – application for leave to appeal – relevant principles - primary judge dismissed application for review of Migration Review Tribunal decision pursuant to r 44.12 of the Federal Circuit Court Rules 2001 (Cth) - applicant failed to achieve the requisite points in respect of English language ability – whether or not the primary judge failed to exercise discretion under r 44.12 – whether or not primary judge failed to address material claim or mistook facts – whether or not primary judge erred in finding no prospects of success because there was "intelligible justification" and that it was open to the Tribunal to find that the applicant had ample opportunity to achieve requisite scores – consideration of principles in Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 and Minister for Immigration and Border Protection v Singh (2014) 308 ALR 280

Legislation: Federal Court Rules 2011 (Cth) r 35.13(a) Federal Circuit Court Rules 2001 (Cth) r 44.12(1)(a)

Cases cited: Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Border Protection v Singh (2014) 308 ALR 280 SZTGS v Minister for Immigration and Border Protection [2014] FCA 676 SZTTW v Minister for Immigration and Border Protection [2014] FCA 837