Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Khan v Minister for Immigration and Border Protection [2016] FCA 877 Appeal from: Khan v Minister for Immigration and Border Protection [2016] FCCA 333
File number: NSD 351 of 2016
Judge: FARRELL J
Date of judgment: 3 August 2016
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review – where Tribunal affirmed a decision of the Minister's delegate to refuse the appellant a Long-Stay Temporary Business (UC) subclass 457 visa – where nominated occupation is customer service manager – where appellant employed at a Caltex retail franchise outlet with four employees – where Tribunal not satisfied that the position associated with the nominated occupation was genuine – where Tribunal found that written position description in employment agreement does not accurately describe the actual duties of the position – consideration of cl 457.223 of Sch 2 of the Migration Regulations 1994 (Cth) – appeal dismissed
Legislation: Migration Regulations 1994 (Cth) reg 2.72, Sch 2 cl 457.223
Cases cited: Cargo First Pty Ltd v Minister for Immigration and Border Protection [2015] FCCA 2091 Khan v Minister for Immigration and Border Protection [2016] FCCA 333
Date of hearing: 6 July 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 46
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