Han v Minister for Immigration & Citizenship [2011] FCA 1437
The appellant did not meet the mandatory two year study requirement within the prescribed six month period before the application for a subclass 485 visa; neither the Tribunal nor the Federal Magistrates Court committed jurisdictional error or exhibited bias.
- Parties
- Appellant: Qing Han; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migration Review Tribunal
- Jurisdiction
- Australia
- Judgment Date
- 15 December 2011
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Skilled (provisional) (class Vc) Visa, Judicial Review, Jurisdictional Error, Bias (actual and Apprehended), Migration Regulations, Study Requirement for Visa
Case Brief
Summary, issues, holding and outcome
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Parties
Qing Han
Appellant
Minister for Immigration and Citizenship
First Respondent
Migration Review Tribunal
Second Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the appellant satisfied the mandatory requirements under cl 485.213(a) of the Migration Regulations 1994 (Cth)
- 2 Whether there was actual or reasonably apprehended bias on behalf of the decision-makers
Ratio Decidendi
The appellant did not meet the mandatory two year study requirement within the prescribed six month period before the application for a subclass 485 visa; neither the Tribunal nor the Federal Magistrates Court committed jurisdictional error or exhibited bias.
Court Disposition
Appeal dismissed
Orders
- The appeal be dismissed.
- The appellant pay the costs of the first respondent to be taxed if not agreed.
Full Case Text
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