Pooja v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 596

Pooja v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 596

The application was dismissed because the applicants did not appear, their 6 day delay was not adequately explained, the proposed appeal grounds disclosed no arguable error by the primary judge, leave to raise the new natural justice ground was not justified, and the application was futile because there was no approved nomination as required by cl 186.233 of Sch 2 to the Migration Regulations 1994 (Cth).

Jurisdiction
Australia
Judgment Date
06 June 2023
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal / Application for Extension of Time in Which to Seek Leave to Appeal From the Federal Circuit Court Judgment, and Application for Leave to Appeal
Outcome
Application dismissed; extension of time refused and leave to appeal would have been refused; first and third applicants ordered to pay the first respondent's costs.
Legal Topics
['extension of Time to Seek Leave to Appeal' 'leave to Appeal From Interlocutory Judgment' 'judicial Review of Administrative Appeals Tribunal Decision' 'employer Nomination (permanent) (class En) Visa' 'subclass 186 Visa Nomination Criterion' 'failure to Appear at Hearing' 'natural Justice and Procedural Fairness']
['migration Law' 'administrative Law' 'appellate Procedure'] ['extension of Time to Seek Leave to Appeal' 'leave to Appeal From Interlocutory Judgment' 'judicial Review of Administrative Appeals Tribunal Decision' 'employer Nomination (permanent) (class En) Visa' 'subclass 186 Visa Nomination Criterion' 'failure to Appear at Hearing' 'natural Justice and Procedural Fairness']

Case Brief

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Procedural Posture

Migration Application for Extension of Time and Leave to Appeal / Application for Extension of Time in Which to Seek Leave to Appeal From the Federal Circuit Court Judgment, and Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time to seek leave to appeal where the application was filed 6 days out of time.' 'Whether the proposed appeal grounds disclosed an arguable error by the primary judge.' 'Whether leave should be granted to raise a new natural justice ground not raised before the primary judge.' 'Whether the application was futile because there was no approved nomination as required by cl 186.233 of Sch 2 to the Migration Regulations 1994 (Cth).' 'Whether the application should be dismissed after the applicants failed to appear at the hearing.']

Ratio Decidendi

The application was dismissed because the applicants did not appear, their 6 day delay was not adequately explained, the proposed appeal grounds disclosed no arguable error by the primary judge, leave to raise the new natural justice ground was not justified, and the application was futile because there was no approved nomination as required by cl 186.233 of Sch 2 to the Migration Regulations 1994 (Cth).

Court Disposition

Application dismissed; extension of time refused and leave to appeal would have been refused; first and third applicants ordered to pay the first respondent's costs.

Orders

  • ['The application be dismissed.' 'The first and third applicants pay the costs of the first respondent.']