Alam v Minister for Immigration and Citizenship [2011] FCA 1274

Alam v Minister for Immigration and Citizenship [2011] FCA 1274

There was no error in the Tribunal's or Federal Magistrate's application of clauses 485.215 or 485.222, nor in refusing further time for the appellant to undertake a language test in absence of medical evidence. The appeal is dismissed.

Parties
Appellant: Mohammad Kawsarul Alam; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
09 November 2011
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrate
Outcome
Appeal dismissed with costs
Legal Topics
Skilled (provisional) (class Vc) Visa, Competent English Requirement, Judicial Review, Migration Regulations 1994 (cth) Pt 485 of Sch 2
Migration Law Skilled (provisional) (class Vc) Visa Competent English Requirement Judicial Review Migration Regulations 1994 (cth) Pt 485 of Sch 2

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Parties

Mohammad Kawsarul Alam

Appellant

Minister for Immigration and Citizenship

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrate

Legal Issues

  1. 1 Whether the Tribunal or Federal Magistrate erred in interpretation and application of clauses 485.215 and 485.222 of Migration Regulations 1994 (Cth)
  2. 2 Whether the applicant was afforded procedural fairness regarding medical issues impacting the language test requirement

Ratio Decidendi

There was no error in the Tribunal's or Federal Magistrate's application of clauses 485.215 or 485.222, nor in refusing further time for the appellant to undertake a language test in absence of medical evidence. The appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed with costs.