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Gill v Minister for Immigration and Border Protection [2016] FCAFC 142

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MIGRATION - where migration agent engaged in fraud in lodging visa application - whether finding by primary judge that applicant gave general authority to agent and was "indifferent" to agent's conduct meant that he should bear responsibility for agent's fraud - no finding of fact by primary judge that visa applicant's indifference extended to whether the agent's conduct was lawful or unlawful - whether common law principles of agency apply without modification in context of the Migration Act 1958 (Cth) - Held: appeal allowed, matter remitted to Federal Circuit Court of Australia for reconsideration by a judge other than the primary judge.

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