Ram Kishan Dhiman v Minister for Immigration and Citizenship

[2013] HCASL 25

RAM KISHAN DHIMAN

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 25
S331/2012

1. The applicant, a national of India, first travelled to Australia in December 2006.  On 3 March 2009, he applied for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Skilled – Graduate) ("the visa").  A delegate of the first respondent refused to grant the visa on 31 August 2010.

2. On 2 September 2011, the Migration Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The Tribunal found that the applicant had given, or caused to be given, to the Minister, an officer, the Tribunal, and a relevant assessing authority information that was false or misleading in a material particular.  The Tribunal found on that basis that the applicant did not satisfy Public Interest Criterion 4020 ("PIC 4020") and therefore did not meet the requirements for a grant of the visa.  The Tribunal went on to consider whether the applicant met the separate study requirements of cl 485.213.  It was not satisfied that he did.

3. On 10 July 2012, the Federal Magistrates Court of Australia (Barnes FM) dismissed the applicant's application for review.  Barnes FM found that the Tribunal committed a jurisdictional error in relation to PIC 4020, but she found no jurisdictional error in the Tribunal's finding in relation to cl 485.213, which she held constituted an independent basis for the Tribunal's decision.  On 5 November 2012, the Federal Court of Australia (Katzmann J) dismissed an appeal from the decision of Barnes FM.

4. The applicant seeks special leave to appeal from the decision of Katzmann J.  The proposed grounds of appeal seek to raise unparticularised allegations of bias and denial of procedural fairness.  There is no reason to doubt the decisions below.  Special leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
13 March 2013 S.J. Gageler