Kaur v Minister for Immigration and Border Protection [2021] FCA 1026

Federal Court of Australia

Kaur v Minister for Immigration and Border Protection [2021] FCA 1026 Appeal from: Kaur & Anor v Minister for Immigration & Anor [2018] FCCA 3272

File number: VID 1539 of 2018

Judgment of: BROMBERG J

Date of judgment: 27 August 2021

Catchwords: MIGRATION – fraud by migration agent – consideration of the concept of indifference in public law fraud – whether an applicant has a "heavy burden" in respect of discharging the onus of proof that he or she was not indifferent to fraud – whether the Federal Circuit Court erred in finding that the applicant was indifferent to fraud – whether the reasons of the Federal Circuit Court were inadequate – appeal allowed

Legislation: Evidence Act 2008 (Cth), s 140 Federal Court of Australia Act 1976 (Cth), s 24 Migration Act 1958 (Cth) Migration Regulations 1994 (Cth), reg 485.224 and public interest criterion 4020

Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 at 362 Fox v Percy (2003) 214 CLR 118 Gill v Minister for Immigration and Border Protection (2016) 248 FCR 398 Katragadda v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 143 Kaur & Anor v Minister for Immigration & Anor [2018] FCCA 3272 Kaur v Minister for Immigration and Border Protection (2019) 269 FCR 464 Maharjan v Minister for Immigration and Border Protection (2017) 258 FCR 1 at [78] Minister for Immigration and Citizenship v SZLIX [2008] FCAFC 17; 245 ALR 501 Pyramid Building Society (in liq) v Scorpion Hotels Pty Ltd [1998] 1 VR 188 Singh v Minister for Immigration and Border Protection (2018) 261 FCR 556 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 SZIVK v Minister for Immigration and Citizenship [2008] FCA 334 SZRUR v Minister for Immigration and Border Protection (2013) 216 FCR 445