Sam v Minister for Immigration and Citizenship [2007] FCA 1976

Sam v Minister for Immigration and Citizenship [2007] FCA 1976

The requirements of cl 457.223(4) of Sch 2 to the Migration Regulations 1994 (Cth) mean that an applicant cannot change sponsors after applying for a 457 visa; the sponsor at the Tribunal decision must be as originally nominated. No denial of procedural fairness or error was found in the Tribunal or the Federal Magistrate's approach.

Parties
First Appellant: Elias Hanna Sam; Second Appellant: Helene Sam; Third Appellant: Mathilda Sam; Fourth Appellant: Raymona Sam; Fifth Appellant: Raymond Sam; Sixth Appellant: Youssef Sam; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
15 November 2007
Procedural Posture
Appeal / Federal Court Appeal From Federal Magistrates Court Decision
Outcome
Appeal dismissed
Legal Topics
457 Visa, Sponsorship Substitution, Procedural Fairness, Interpretation of Migration Regulations
Migration 457 Visa Sponsorship Substitution Procedural Fairness Interpretation of Migration Regulations

Case Brief

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Parties

Elias Hanna Sam

First Appellant

Helene Sam

Second Appellant

Mathilda Sam

Third Appellant

Raymona Sam

Fourth Appellant

Raymond Sam

Fifth Appellant

Youssef Sam

Sixth Appellant

Minister for Immigration and Citizenship

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Federal Court Appeal From Federal Magistrates Court Decision

Legal Issues

  1. 1 Whether the Federal Magistrate erred in finding that an applicant for a 457 visa cannot change sponsors following approval
  2. 2 Whether procedural fairness was denied in the Federal Magistrates Court
  3. 3 Whether the Migration Review Tribunal exceeded its authority or erred in law

Ratio Decidendi

The requirements of cl 457.223(4) of Sch 2 to the Migration Regulations 1994 (Cth) mean that an applicant cannot change sponsors after applying for a 457 visa; the sponsor at the Tribunal decision must be as originally nominated. No denial of procedural fairness or error was found in the Tribunal or the Federal Magistrate's approach.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The First Appellant is to pay the costs of the First Respondent fixed at $2,000.