Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sandhu v Minister for Immigration and Border Protection [2015] FCA 987 Citation: Sandhu v Minister for Immigration and Border Protection [2015] FCA 987
Appeal from: Sandhu v Minister for Immigration & Anor [2015] FCCA 1142
Parties: GURJEET SINGH SANDHU v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL (NOW ADMINISTRATIVE APPEALS TRIBUNAL)
File number: VID 345 of 2015
Judge: LOGAN J
Date of judgment: 6 August 2015
Catchwords: MIGRATION – procedural fairness – decision by Migration Review Tribunal (Tribunal) that appellant did not satisfy criterion for a skilled residence visa because of false or misleading statement given in respect of skills assessment – where Tribunal refused appellant's application for disclosure of particular written materials on privacy and public interest grounds – judicial review application alleging breach of s 362A of the Migration Act 1958 (Cth) dismissed by Federal Circuit Court for "futility" because there was a separate and independent basis for Tribunal's refusal to grant a visa – appellant's diploma not closely related to nominated occupation – appeal on procedural fairness ground and closely related finding – whether Tribunal complied with s 362A of the Migration Act 1958 (Cth) – jurisdictional error by Federal Circuit Court in not finding breach of s 362A and granting related declaratory relief even where remission futile
Legislation: Migration Act 1958 (Cth) ss 359A, 360, 362A, 424A Migration Regulations 1994 (Cth) Privacy Act 1998 (Cth)
Cases cited: Constantino v Minister for Immigration and Border Protection (2013) 139 ALD 567 applied Edwards v Santos (2011) 42 CLR 421 cited Minister for Immigration and Border Protection v Dhillon (2014) 227 FCR 525 applied Minister for Immigration v Li (2013) 249 CLR 332 applied Prasad v Minister for Immigration and Citizenship [2012] FCA 591 considered SZBYR v Minister for Immigration and Citizenship (2007) 96 ALD 1 cited Uddin v Minister for Immigration and Citizenship [2010] FCA 128 cited
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