Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Babar v Minister for Immigration and Border Protection [2017] FCA 655 Appeal from: Babar & Ors v Minister for Immigration & Anor [2016] FCCA 1521
File number(s): WAD 290 of 2016
Judge(s): SIOPIS J
Date of judgment: 12 June 2017
Catchwords: MIGRATION – application for a subclass 457 temporary work (skilled) visa – application by sponsor of the nominated occupation of the visa applicant was refused – the visa applicant's application for a subclass 457 visa refused by a delegate of the first respondent – whether the delegate's decision to dismiss the visa application was an MRT-reviewable decision under s 338(2) of the Migration Act 1958 (Cth) – fraud on the Tribunal.
Legislation: Migration Act 1958 (Cth) ss 140GB, 338(2)(d), 338(2)(d)(i), 338(2)(d)(ii) Migration Regulations 1994 (Cth) Sch 2 cll 457.223, 457.223(4)(a)(i)
Cases cited: Minister for Immigration and Border Protection v Lee [2014] FCCA 2881 X v Minister for Immigration and Multicultural Affairs (2002) 116 FCR 319 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 Ahmad v Minister for Immigration and Border Protection (2015) 237 FCR 365 SZHTI v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 702 SZQRU v Minister for Immigration and Citizenship [2012] FCA 1234 Prodduturi v Minister for Immigration and Border Protection (2015) 144 ALD 243
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