Federal Court of Australia
Federal Court of Australia
Sri Guru Gobind Singh Transport Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 118 Appeal from: Sri Guru Gobind Singh Transport Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1191
File numbers: QUD 189 of 2021 QUD 190 of 2021
Judgment of: DERRINGTON J
Date of judgment: 18 February 2022
Catchwords: MIGRATION – appeal from application for judicial review – standard business sponsor – refusal to nominate as sponsored persons – false and misleading information concerning familial relationship between sponsor and nominee – false and misleading information concerning nominee's work experience – migration outcome – Tribunal decision not illogical or irrational or unreasonable – where Tribunal not required to make further enquiries – where no jurisdictional error established STATUTORY INTERPRETATION – reg 2.90 Migration Regulations 1994 (Cth) – meaning of "false and misleading information" – whether requirement that information had to be false or misleading in a material particular STATUTORY INTERPRETATION – reg 1.13A Migration Regulations 1994 (Cth) – meaning of "any adverse information" – means and includes – whether "and includes" provides an exhaustive definition – whether subsequent amendments inform construction of original definition
Legislation: Income Tax Assessment Act 1936 (Cth) Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) Moneylenders and Infants Loans Act 1941 (NSW)
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