Federal Court of Australia
Federal Court of Australia
Gambhir v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 570 Appeal from: Gambhir v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 195
File number(s): VID 221 of 2022
Judgment of: COLLIER J
Date of judgment: 29 May 2024
Catchwords: MIGRATION – application for skilled visa – cl 485.231 of Schedule 2 to the Migration Regulations 1994 (Cth) – appellant completed degree at an Australian university – appellant applied for skilled visa more than six months after completion of degree – satisfaction of criteria in cl 485.231 mandatory – reasons for failure of appellant to make application within time irrelevant – no jurisdictional error on part of Administrative Appeals Tribunal or primary Judge – leave granted for appellant to raise new grounds
Legislation: Migration Act 1958 (Cth), Division 5, Part 5, s 476 Migration Regulations 1994 (Cth) sch 2 cl 485.231
Cases cited: Gambhir v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 195 Kumar v Minister for Immigration [2016] FCCA 3332 Sapkota v Minister for Immigration and Citizenship [2012] FCA 981 Venkatesan v Minister for Immigration [2008] FMCA 409
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 35
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