Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kashif v Minister for Immigration and Border Protection [2020] FCA 52 Appeal from: Application for extension of time and leave to appeal: Kishaf v Minister for Immigration & Anor [2018] FCCA 3530
File number: VID 1670 of 2018
Judge: BROMBERG J
Date of judgment: 5 February 2020
Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal interlocutory judgment of Federal Circuit Court MIGRATION – application for judicial review of decision of primary judge to summarily dismiss appeal of decision of Tribunal - cl 485.213 of Sch 2 of Migration Regulations 1994 (Cth): mandatory criteria that application for visa be accompanied by evidence of application for police check during 12 months preceding application –where failure to satisfy mandatory criteria for grant of visa under cl 485.213 – whether Tribunal erred in interpreting law – whether Tribunal failed to take into account relevant evidence – whether Tribunal took into account an irrelevant consideration
Legislation: Migration Regulations 1994 (Cth): Sch 2 cl 485.213
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Mir v Minister for Immigration and Border Protection [2018] FCA 697
Date of hearing: 4 December 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 29
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