FEDERAL CIRCUIT COURT OF AUSTRALIA
| AKHTER & ORS v MINISTER FOR IMMIGRATION & ANOR | [2015] FCCA 35 |
| Catchwords: WORDS AND PHRASES – “Competent English”. |
| Legislation: Migration Act 1958 (Cth), ss.31, 48A, 504 Migration Amendment Regulation 2012 (No.2) (Cth) |
| First Applicant: | TASLEMA AKHTER |
| Second Applicant: | MOHAMMAD SALAHUDDIN |
| Third Applicant: | ADYAN UDDIN |
| First Respondent: | MINISTER FOR IMMIGRATION & BORDER PROTECTION |
| Second Respondent: | MIGRATION REVIEW TRIBUNAL |
| File Number: | SYG 24 of 2014 |
| Judgment of: | Judge Driver |
| Hearing date: | 25 November 2014 |
| Delivered at: | Sydney |
| Delivered on: | 9 February 2015 |
REPRESENTATION
| Solicitors for the Applicant: | Mr M Jones of Parish Patience Immigration Lawyers |
| Solicitors for the Respondents: | Mr A Markus of Australian Government Solicitor |
ORDERS
The application as amended on 25 November 2014 is dismissed.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 24 of 2014
| TASLEMA AKHTER |
First Applicant
MOHAMMAD SALAHUDDIN
Second Applicant
ADYAN UDDIN
Third Applicant
And
| MINISTER FOR IMMIGRATION & BORDER PROTECTION |
First Respondent
| MIGRATION REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
Introduction and background
These proceedings concern the issue of the interpretation and validity of the Migration Regulations 1994 (Cth) (Regulations) which prescribe tests for English language proficiency for the purposes of eligibility for certain classes of visas. The application before the Court is to review a decision of the Migration Review Tribunal (Tribunal). The decision was made on 12 December 2013. The Tribunal affirmed a decision of a delegate of the Minister not to grant the applicants skilled residence visas.
The following statement of background facts is derived from the submissions of the parties.
The first applicant, Ms Akhter, is the primary applicant for the visas the subject of…
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- Case
- [2015] FCCA 35
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether the MRT had misconstrued the relevant provisions of the Migration Regulations 1994 (Cth) concerning the demonstration of "competent English," or alternatively, whether those Regulations themselves were invalid.
Justice Driver found that the MRT had correctly interpreted and applied the relevant regulations. The Court held that the applicant had not provided sufficient evidence to satisfy the requirements of the regulations regarding English language proficiency. Consequently, the Court determined that the applicant had not established that the MRT's decision was affected by an error of law.
The application, as amended on 25 November 2014, was dismissed.
Orders
Orders of the court
The application as amended on 25 November 2014 is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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