Rahim v Minister for Immigration and Border Protection [2018] FCA 1736
The appeal was dismissed because the CVCheck national police history check was not an Australian Federal Police check and did not satisfy cl 485.213; the criterion had not been fulfilled and fairness or equity could not confer power or discretion on the Tribunal to accept the wrong check.
- Jurisdiction
- Australia
- Judgment Date
- 07 November 2018
- Procedural Posture
- Migration Appeal From the Federal Circuit Court of Australia / Appeal From Dismissal of Judicial Review Application
- Outcome
- Appeal dismissed.
- Legal Topics
- ['subclass 485 Visa' 'skilled (provisional) (class Vc) Visa' 'australian Federal Police Check' 'visa Criteria' 'judicial Review']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia / Appeal From Dismissal of Judicial Review Application
Legal Issues
- 1 ['Whether a national police history check from CVCheck satisfied cl 485.213 of Schedule 2 to the Migration Regulations 1994 (Cth).' 'Whether fairness or equity allowed the Tribunal to accept the CVCheck police check in lieu of an Australian Federal Police check.']
Ratio Decidendi
The appeal was dismissed because the CVCheck national police history check was not an Australian Federal Police check and did not satisfy cl 485.213; the criterion had not been fulfilled and fairness or equity could not confer power or discretion on the Tribunal to accept the wrong check.
Court Disposition
Appeal dismissed.
Orders
- ['The appeal be dismissed.' 'The Appellant pay the costs of the First Respondent, such costs to be taxed in default of agreement.']
Full Case Text
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