Tauqueer v MICMSMA

FEDERAL COURT OF AUSTRALIA

Tauqueer v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1883 

Appeal from:	Tauqeer v Minister For Home Affairs & Anor [2019] FCCA 1343
File number:	VID 631 of 2019
Judge:	O'CALLAGHAN  J
Date of judgment:	18 November 2019
Legislation:	Migration Regulations 1994 (Cth), Sch 2, cl 485.213
Date of hearing:	8 November 2019
Registry:	Victoria
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	No catchwords
Number of paragraphs:	29
Counsel for the Appellant:	The appellant appeared in person
Solicitor for the First Respondent:	S Roberts of Mills Oakley

ORDERS

VID 631 of 2019

BETWEEN:

ZEESHAN TAUQUEER

Appellant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	O'CALLAGHAN  J
DATE OF ORDER:	18 NOVEMBER 2019

THE COURT ORDERS THAT:

1.The name of the first respondent be amended to “Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs”.

2.The appeal be dismissed.

3.The appellant pay the first respondent’s costs, to be agreed or assessed.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

O’CALLAGHAN J:

1. This appeal raises a single ground which, unfortunately for the appellant, must fail.

2. By a notice filed on 12 June 2019, the appellant appeals from the judgment and orders of a judge of the Federal Circuit Court of Australia delivered on 23 May 2019. 

3. The primary judge dismissed the appellant’s application for judicial review of a decision made by the Administrative Appeals Tribunal (the Tribunal), dated 23 December 2016, affirming a decision of a delegate of the first respondent (the delegate) to refuse to grant the appellant a Skilled (Provisional) (Class VC) visa.

4. One of the requirements for the grant of a Subclass 485 visa contained in cl 485.213 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) required that the application be accompanied by evidence that the appellant had applied for an Australian Federal Police (AFP) check during the 12 months immediately before the day it was made.

5. The appellant applied (onshore, and via the internet) for a Skilled (Subclass 485) visa on 31 May 2016.

6. In response to the question “Have you and all persons included in this application who are 16 years of age or over, applied in the last 12 months to the Australian Federal Police for a check of criminal records?”, the appellant said: “No”.

7. On 20 June 2016, the delegate refused to grant the visa on the basis that the appellant did not satisfy the requirements of cl 485.213 of the Regulations. The delegate observed that the appellant had declared in his application form that he had not applied for an AFP check during the 12 months immediately before the day the application was made. Accordingly, the delegate found the appellant did not satisfy the requirements of cl 485.213.

8. On 7 July 2016, the appellant lodged with the Tribunal an…