摆脱4020限制的一种情况

Minister for Immigration and Border Protection v Dhillon [2014] FCAFC 157 (21 November 2014)

Each of these particulars related to the one fact upon which the Public Interest Criterion depended, namely, whether the claim made by Mr Dhillon of having worked 900 hours and stated in the reference letter obtained by Mr Dhillon from Ms Galanos was fraudulent. What was absent from the information in the particulars given under s 359A, however, was the statement found in the redacted material that Mr Amarante had no way of knowing whether the students actually completed the training. It is true that that statement was found in an agreed statement of facts and not in the statements initially made by Mr Amarante on which the particulars relied upon by the Tribunal appeared to be based, but s 359A is not concerned with the source of the information in the particulars given. However, whilst it may be accepted, as the Minister contended, that the Tribunal had no obligation under s 359A(1) to give Mr Dhillon particulars of the information in the redacted material to the extent that it was not adverse, the Tribunal also had obligations under s 357A(3) to act in a way that is fair and just, and under s 360(1) to provide Mr Dhillon with a real chance to present his case. The Tribunal’s decision not to give Mr Dhillon access to the redacted material (by wrongly deciding not to provide access under s 362A(1)) meant that the Tribunal decided the Public Interest Criterion without the fair hearing to which Mr Dhillon was entitled under s 360 of the Migration Act 1958 (Cth)….The appeal will be allowed and the decision of the Federal Circuit Court will be set aside. The decision of the Tribunal will therefore be affirmed but, for the avoidance of doubt, the orders should record by declaration that the Tribunal erred in its decision in relation to the Public Interest Criterion 4020.

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关于 李博
李博,移民代理,管理学学士,移民法硕士。2003年留学来澳,曾在悉尼大学,国立大学学习法律课程并获得移民代理注册。帮助众多客户处理留学,移民过程中的签证相关问题。善于解决各类移民法律疑难问题。

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