Federal Court of Australia
Federal Court of Australia
Herath v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 547 Appeal from: Herath v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 36
File number(s): WAD 29 of 2023
Judgment of: O'SULLIVAN J
Date of judgment: 15 May 2024
Date of publication of reasons: 23 May 2024
Catchwords: MIGRATION – Regional Employer Nomination (Permanent) visa – appeal from a decision of the Federal Circuit and Family Court of Australia – whether the primary judge erred in affirming the decision of the Administrative Appeals Tribunal that the appellant had not satisfied the English competency requirement pursuant to regs 187.232(a) & (b) and 1.15C of the Migration Regulations 1994 (Cth) – no jurisdictional error – application dismissed
Legislation: Federal Court Rules 2011 (Cth), Item 15, Schedule 3 Migration Act 1958 (Cth), s 351(1), Migration Regulations 1994 (Cth), regs 1.15C, 187.232(a) and (b)
Cases cited: Berenguel v Minister for Immigration and Citizenship [2010] HCA 8 De Guzman [2022] AATA 5097 Thapa v Minister for Immigration [2021] FCCA 686
Division: General Division
Registry: Western Australia
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