Bali v Minister for Immigration and Border Protection [2014] FCA 986

Bali v Minister for Immigration and Border Protection [2014] FCA 986

The appellant failed to identify any error in the Federal Circuit Court's decision and conceded that he had not successfully completed an English language test at all. Because reg 1.15C is mandatory and there was no evidence that he had completed a specified English language test at the time of applying for the visa or since, the Federal Circuit Court's decision was correct and the appeal had to be dismissed.

Jurisdiction
Australia
Judgment Date
11 September 2014
Procedural Posture
Migration Appeal / Appeal From the Federal Circuit Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['skilled (provisional) (class Vc) Visa' 'subclass 485 Visa' 'competent English' 'english Language Testing' 'migration Regulations 1994 (cth) Reg 1.15 C']
['migration Law'] ['skilled (provisional) (class Vc) Visa' 'subclass 485 Visa' 'competent English' 'english Language Testing' 'migration Regulations 1994 (cth) Reg 1.15 C']

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Procedural Posture

Migration Appeal / Appeal From the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether the appellant had competent English as required by cl 485.215 of Sch 2 to the Migration Regulations 1994 (Cth).' "Whether the Federal Circuit Court erred in dismissing the application for judicial review of the Migration Review Tribunal's decision affirming refusal of the visa application."]

Ratio Decidendi

The appellant failed to identify any error in the Federal Circuit Court's decision and conceded that he had not successfully completed an English language test at all. Because reg 1.15C is mandatory and there was no evidence that he had completed a specified English language test at the time of applying for the visa or since, the Federal Circuit Court's decision was correct and the appeal had to be dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']