Verma v Minister for Immigration and Border Protection

[2018] FCAFC 87

Full Court of the Federal Court7 June 2018

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Interrogate

Catchwords

1. Migration
1. Appellant claimed to have satisfied the visa criterion of having “competent English” by obtaining sufficient scores in an IELTS test conducted in India by the British Council
1. British Council later found that an imposter sat the IELTS test on behalf of the appellant and revoked the appellant’s test scores on this basis
1. Appellant not informed of British Council’s investigation or of the outcome of that investigation until approximately 2 years later, at which point the records had been destroyed

Quick Take

The cancellation of IELTS results by the British Council does not attract procedural fairness obligations that condition the validity of Tribunal decisions, provided the Tribunal complies with s 359A by putting the adverse information to the applicant.