Nepali v Minister for Immigration and Border Protection [2020] FCA 62

Nepali v Minister for Immigration and Border Protection [2020] FCA 62

The Tribunal's 3 February 2017 letter complied with s 359A by identifying the information that BLS Farming Pty Ltd's nomination had been refused and explaining why that information was relevant to the Subclass 187 visa criterion requiring an approved nomination. Because no response was received within the specified time, s 359C(2), together with ss 360 and 363A, permitted the Tribunal to decide the review without a further hearing. The letter was emailed to the Appellants' authorised migration agent and, under ss 379G and 379C, the Appellants were taken to have received it regardless of whether the agent passed it on. The remaining grounds alleging failure to consider evidence and bias...

Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review / Appeal to the Federal Court of Australia From the Federal Circuit Court
Outcome
Appeal dismissed with costs.
Legal Topics
['regional Employer Nomination (permanent) (class Rn) (subclass 187) Visa' 'approved Nomination Requirement' 'administrative Appeals Tribunal Review' 'procedural Fairness' 'authorised Recipient' 'deemed Receipt of Documents' 'bias']
['migration Law' 'administrative Law'] ['regional Employer Nomination (permanent) (class Rn) (subclass 187) Visa' 'approved Nomination Requirement' 'administrative Appeals Tribunal Review' 'procedural Fairness' 'authorised Recipient' 'deemed Receipt of Documents' 'bias']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review / Appeal to the Federal Court of Australia From the Federal Circuit Court

Legal Issues

  1. 1 ['Whether the Tribunal denied the Appellants procedural fairness by refusing the visa review without giving them a hearing after no response was received to a Migration Act 1958 (Cth) s 359A letter.' 'Whether the primary judge erred by failing to consider the evidence in its totality or cumulatively, or by taking into account irrelevant evidence or failing to take into account relevant evidence.' "Whether the primary judge's decision was affected by bias." "Whether the Appellants were taken to have received the Tribunal's 3 February 2017 letter where it was emailed to their nominated migration agent and allegedly not passed on to them."]

Ratio Decidendi

The Tribunal's 3 February 2017 letter complied with s 359A by identifying the information that BLS Farming Pty Ltd's nomination had been refused and explaining why that information was relevant to the Subclass 187 visa criterion requiring an approved nomination. Because no response was received within the specified time, s 359C(2), together with ss 360 and 363A, permitted the Tribunal to decide the review without a further hearing. The letter was emailed to the Appellants' authorised migration agent and, under ss 379G and 379C, the Appellants were taken to have received it regardless of whether the agent passed it on. The remaining grounds alleging failure to consider evidence and bias...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The First and Second Appellants pay the First Respondent's costs as taxed or agreed."]