Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kandel v Minister for Immigration and Border Protection [2015] FCA 706 Citation: Kandel v Minister for Immigration and Border Protection [2015] FCA 706
Appeal from: Application for extension of time to appeal and appeal: Kandel v Minister for Immigration & Anor [2014] FCCA 1479
Parties: CHIRANGIBI KANDEL v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number(s): WAD 227 of 2014
Judge(s): SIOPIS J
Date of judgment: 14 July 2015
Catchwords: MIGRATION – application for extension of time to appeal – appeal – application for an employer nomination visa – public interest criterion 4020 – bogus document – whether the Migration Review Tribunal was satisfied there were compelling circumstances affecting the nominating employer – whether the Tribunal's decision was legally unreasonable – substitution of the nominating employer between the delegate's decision and the review by the Tribunal.
Legislation: Migration Regulations 1994 (Cth) Sch 2 Subcl 856, paras 856.213(a), 856.221, 856.222, 856.223(1)(a), PIC 4020, 4020(1), 4020(2), 4020(2)(a), 4020(4)
Cases cited: Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Paduano v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 143 FCR 204 FTZK v Minister for Immigration and Border Protection (2014) 310 ALR 1 Babicci v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 141 FCR 285 Tian v Minister for Immigration and Citizenship (2009) 181 FCR 105
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