FEDERAL MAGISTRATES COURT OF AUSTRALIA
| PRASAD v MINISTER FOR IMMIGRATION & ANOR | [2012] FMCA 57 |
| MIGRATION – Migration Review Tribunal – Skilled Graduate (temporary) (Class VC) subclass 485 visa – whether MRT was in error to declare guidance in Policy Advice Manual as to the requirement that study be ‘closely related’ to the applicant’s nominated skilled occupation “unlawful” – whether MRT was in error to ignore guidance in Policy Advice Manual as to the requirement that study be ‘closely related’ to the applicant’s nominated skilled occupation – no error demonstrated. |
| Migration Regulations 1994, cl.1.1.15F, 485.213, 485.213(b) |
| Drake v MIEA (No.2) (1979) 2 ALD 634 Uddin v Minister for Immigration [2010] FMCA 553 Uddin v Minister for Immigration and Citizenship [2010] FCA 1281 |
| Applicant: | SUNIL PRASAD |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | MIGRATION REVIEW TRIBUNAL |
| File Number: | BRG 673 of 2011 |
| Judgment of: | Jarrett FM |
| Hearing date: | 3 November, 2011 |
| Date of Last Submission: | 3 November, 2011 |
| Delivered at: | Brisbane |
| Delivered on: | 3 February, 2012 |
REPRESENTATION
| Counsel for the Applicant: | Mr Boccabella |
| Solicitors for the Applicant: | A. J. Torbey & Associates |
| Counsel for the Respondents: | Ms Wheatley |
| Solicitors for the Respondents: | Sparke Helmore |
ORDERS
The application filed on 1 August, 2011 is dismissed.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT BRISBANE |
BRG 673 of 2011
| SUNIL PRASAD |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| MIGRATION REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
Mr Prasad seeks relief against an order of a Migration Review Tribunal which dismissed a review application by him against a decision of the Minister’s delegate to refuse him a Skilled Graduate visa.
Relevantly, to secure the grant of the visa, Mr Prasad needed to convince the Minister’s delegate, and the MRT on the review application, that he had studied a course that was “closely related” to the skilled occupation nominated by him in his visa application.
The issue to be determined in this case is whether the MRT denied itself jurisdiction by asking itself the wrong question when it came to consider if Mr Prasad’s Master of Business (International Hotel Management) was “closely related” to his nominated skilled occupation of Market Research Analyst.
For the reasons that follow I have come to the conclusion that it did not.
Some necessary facts
Mr Prasad is a citizen of India born on 25 January, 1974. On 6 March 2009 he applied for a Skilled Graduate (temporary) (Class VC) subclass 485 visa. For the purposes of that application he needed to nominate a skilled occupation. Mr Prasad stated that his nominated occupation was that of a Market Research Analyst.
One of the conditions that Mr Prasad had to satisfy to secure the grant of his visa was to be found in cl.485.213 of Schedule 2 to the Migration Regulations 1994. That clause required that:
a)Mr Prasad satisfy “the Australian study requirement” in the period of 6 months ending immediately before the day on which his application was made;
b)each degree, diploma or trade…
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- Case
- [2012] FMCA 57
- Decision Date
CaseChat Overview and Summary
The court examined the Minister’s decision-making process and the evidence relied upon. It was important to determine if the Minister had acted within his powers, followed a lawful process, and made a decision based on appropriate considerations. The court also evaluated whether the decision to cancel the visa was reasonable and proportionate to the circumstances. The court’s reasoning involved a detailed analysis of the statutory provisions, case law, and the specific facts of the case. Ultimately, the court found that the Minister had acted within his legal authority and followed the correct process, leading to the conclusion that the decision to cancel Mr. Prasad’s visa was lawful. Consequently, the court dismissed the application for judicial review.
Orders
Orders of the court
1.
The application filed on 1 August, 2011 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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