Talukder v Minister for Immigration & Citizenship [2009] FCA 916

Talukder v Minister for Immigration & Citizenship [2009] FCA 916

Clause 880.224 of Schedule 2 requires persuasive evidence accepted by the decision-maker to establish that information provided for the purposes of item 1128CA(3)(k) of Schedule 1 was false or misleading in a material particular. The construction advanced by the Minister is open and preferable, so the clause is valid and the appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
20 August 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['visa Application Criteria' 'validity of Regulations' 'statutory Interpretation']
['administrative Law' 'migration Law'] ['visa Application Criteria' 'validity of Regulations' 'statutory Interpretation']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether clause 880.224 of Schedule 2 to the Migration Regulations is invalid' "Construction of 'evidence' under clause 880.224"]

Ratio Decidendi

Clause 880.224 of Schedule 2 requires persuasive evidence accepted by the decision-maker to establish that information provided for the purposes of item 1128CA(3)(k) of Schedule 1 was false or misleading in a material particular. The construction advanced by the Minister is open and preferable, so the clause is valid and the appeal must be dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs."]