Rahim v Minister for Immigration and Border Protection [2018] FCA 1736

FEDERAL COURT OF AUSTRALIA

Rahim v Minister for Immigration and Border Protection [2018] FCA 1736 Appeal from: Rahim v Minister for Immigration & Anor [2018] FCCA 1814

File number: VID 841 of 2018

Judge: DAVIES J

Date of judgment: 7 November 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court – Subclass 485 visa application - refusal to grant Skilled (Provisional) (Class VC) visa – where a criterion for the grant of that visa is evidence that the applicant had applied for an Australian Federal Police check during the 12 months immediately before the day the application is made - where appellant erroneously applied for national police check from wrong organisation

Legislation: Migration Regulations 1994 (Cth)

Date of hearing: 7 November 2018

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 5

Counsel for the Appellant: The Appellant appeared in person

Counsel for the First Respondent: Mr C Tran

Solicitor for the First Respondent: Sparke Helmore Lawyers

ORDERS VID 841 of 2018

BETWEEN: AQUIBUR RAHIM Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: DAVIES J DATE OF ORDER: 7 NOVEMBER 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The Appellant pay the costs of the First Respondent, such costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.