Islam v Minister for Immigration and Border Protection [2015] FCA 1417

FEDERAL COURT OF AUSTRALIA

Islam v Minister for Immigration and Border Protection [2015] FCA 1417 Citation: Islam v Minister for Immigration and Border Protection [2015] FCA 1417

Appeal from: Islam v Minister for Immigration & Anor [2015] FCCA 1917

Parties: MOHAMMAD MOINUL ISLAM v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: NSD 915 of 2015

Judge: KATZMANN J

Date of judgment: 14 December 2015

Catchwords: MIGRATION – judicial review – Migration Review Tribunal – Skilled (Residence) (Class VB) visa – bogus document provided in order to satisfy the criterion of competent English – public interest criterion 4020 – Tribunal not satisfied that grounds for waiver had been made out – applicant failed to appear at hearing in Federal Circuit Court – primary judge proceeded to hear and determine the application in his absence – whether to do so constituted a denial of procedural fairness

Legislation: Federal Circuit Court Rules 2001 (Cth) rr 13.03C(1)(c), 16.05(2)(a) Migration Act 1958 (Cth) ss 65, 97 Migration Amendment Regulation 2011 (No 3) (Cth), sch 1 item [2]

Cases cited: Berenguel v Minister for Immigration and Citizenship [2010] HCA 8; 264 ALR 417 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Milanes v Minister for Immigration and Border Protection [2015] FCA 1105 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 Minister for Immigration v Singh [2014] FCAFC 1, 308 ALR 280 SLMB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 129 Sullivan v Department of Transport (1978) 20 ALR 323; 1 ALD 383