Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thakur v Minister for Immigration and Border Protection [2016] FCA 473 Appeal from: Thakur & Ors v Minister for Immigration & Anor [2015] FCCA 3038
File number: NSD 1616 of 2015
Judge: PERRY J
Date of judgment: 5 May 2016
Catchwords: MIGRATION- appeal from Federal Circuit Court dismissing an application for judicial review of Administrative Appeals Tribunal Decision – where visa was refused because first appellant did not meet public interest criterion (PIC) 4020(2) of the Migration Regulations 1994 (Cth) – whether PIC 4020 inconsistent with s 349 of the Migration Act 1958 (Cth) and beyond the regulation-making power in s 504 of the Act in that in substance there can be no real review of the delegate's decision – validity of PIC 4020 upheld- appeal dismissed.
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Plaintiff M47-2012 v Director General of Security [2012] HCA 46; (2012) 251 CLR 1 Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286
Date of hearing: 5 May 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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