Federal Court of Australia
Federal Court of Australia
Mudiyanselage v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1391 Appeal from: Mudiyanselage v Minister for Home Affairs & Anor [2020] FCCA 235
File number: QUD 58 of 2020
Judgment of: COLLIER J
Date of judgment: 11 November 2021
Catchwords: MIGRATION – application for Distinguished Talent (Residence) (Class BX) Visa – ultramarathon runner – where key criterion for grant of visa was internationally recognised record of exceptional and outstanding achievement in nominated sport – delegate identified determinative issue as possible supply of bogus document – Administrative Appeals Tribunal (Tribunal) considered bogus document but at hearing proceeded to hear evidence concerning other visa criteria – whether appellant able to properly present case before Tribunal – whether conduct of Tribunal hearing breached s 360(1) Migration Act 1958 (Cth) – principles in SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 – issues arising in relation to the decision under review – whether errors in translation of evidence during hearing before Tribunal – where substance of evidence accurately conveyed by interpreter.
Legislation: Migration Act 1958 (Cth) ss 360, 310(1) Migration Regulations 1994 (Cth) Sch 2 cls 858.212; 858.212(2), 858.212(2)(a), 858.212(4), Sch 4 Public Interest Criterion 4020
Cases cited: BZAID v Minister for Immigration and Border Protection (2016) 242 FCR 310; [2016] FCA 508 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576; [1994] FCA 1074 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v Pham [2008] FCA 320 Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 SZRMQ v Minister for Immigration and Border Protection (2013) 219 FCR 212; [2013] FCAFC 142
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