Begum v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 222

Begum v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 222

Leave to appeal was refused because the applicants did not demonstrate sufficient doubt in the Federal Circuit Court Judge's decision or any substantial injustice. The Tribunal and the Federal Circuit Court correctly treated the absence of an approved nomination under cl 186.223(2) as dispositive, and no adjournment or new employer nomination could satisfy the visa criteria for the position declared in Ms Begum's application. The Tribunal had also notified the applicants of the deregistration and its relevance and invited comment, so the proposed procedural fairness grounds had no reasonable prospect of success.

Jurisdiction
Australia
Judgment Date
15 March 2022
Procedural Posture
Application for Leave to Appeal From a Federal Circuit Court of Australia Decision Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision in a Migration Matter / Leave to Appeal
Outcome
Leave to appeal refused and the application for leave dismissed with costs.
Legal Topics
['employer Nomination (permanent) (class En) Visa' 'subclass 186 Visa' 'approved Nomination Criterion' 'availability of Nominated Position' 'procedural Fairness' 'leave to Appeal' 'costs']
['migration Law' 'administrative Law'] ['employer Nomination (permanent) (class En) Visa' 'subclass 186 Visa' 'approved Nomination Criterion' 'availability of Nominated Position' 'procedural Fairness' 'leave to Appeal' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal From a Federal Circuit Court of Australia Decision Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision in a Migration Matter / Leave to Appeal

Legal Issues

  1. 1 ['Whether the Federal Circuit Court Judge erred in dismissing the judicial review application under r 44.12 of the Federal Circuit Court Rules 2001 (Cth).' 'Whether the Tribunal committed jurisdictional error or denied procedural fairness in affirming refusal of the subclass 186 visa applications.' 'Whether the absence of an approved nomination under cl 186.223(2) of the Migration Regulations 1994 (Cth) prevented grant of the subclass 186 visa.' 'Whether an adjournment or opportunity to obtain a new employer nomination could have overcome the absence of the nomination declared in the visa application.']

Ratio Decidendi

Leave to appeal was refused because the applicants did not demonstrate sufficient doubt in the Federal Circuit Court Judge's decision or any substantial injustice. The Tribunal and the Federal Circuit Court correctly treated the absence of an approved nomination under cl 186.223(2) as dispositive, and no adjournment or new employer nomination could satisfy the visa criteria for the position declared in Ms Begum's application. The Tribunal had also notified the applicants of the deregistration and its relevance and invited comment, so the proposed procedural fairness grounds had no reasonable prospect of success.

Court Disposition

Leave to appeal refused and the application for leave dismissed with costs.

Orders

  • ['Leave to appeal is refused and the application for leave is dismissed.' "The first and second applicants must pay the first respondent's costs fixed in an amount of $6,000."]