Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 87

Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 87

Leave to rely on grounds of appeal not raised before the primary Judge was refused because the appellants gave no sufficient explanation for failing to raise them below and the proposed grounds lacked merit: the relevant Migration Regulations required an approved nomination as a precondition to the visa, the ceased Subclass 457 visa could not be linked to a new nomination, there was no evidence of an approved nomination, and no Tribunal or primary judge error was shown regarding Ministerial intervention. The appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
14 February 2023
Procedural Posture
Migration Appeal From Decision of the Federal Circuit Court Dismissing Judicial Review of an Administrative Appeals Tribunal Decision / Appeal; Application for Leave to Rely on Grounds Not Raised Before the Primary Judge
Outcome
Leave to rely on new grounds of appeal refused; appeal dismissed; first and second appellants ordered to pay the first respondent's costs fixed at $5,000.00.
Legal Topics
['temporary Business Entry (class Uc) (subclass 457) Visa' 'approved Nomination Requirement' 'leave to Raise New Grounds on Appeal' 'ministerial Intervention' 'costs']
['migration' 'administrative Law'] ['temporary Business Entry (class Uc) (subclass 457) Visa' 'approved Nomination Requirement' 'leave to Raise New Grounds on Appeal' 'ministerial Intervention' 'costs']

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Procedural Posture

Migration Appeal From Decision of the Federal Circuit Court Dismissing Judicial Review of an Administrative Appeals Tribunal Decision / Appeal; Application for Leave to Rely on Grounds Not Raised Before the Primary Judge

Legal Issues

  1. 1 ['Whether leave should be granted to rely on grounds of appeal not raised before the primary Judge.' 'Whether the Tribunal or primary Judge erred in finding that the appellants could not link a new nomination to the previous Subclass 457 visa application.' 'Whether the Tribunal was obliged to advise the appellants about Ministerial intervention options or refer the matter to the Minister.' 'Whether costs should be fixed in the amount sought by the Minister.']

Ratio Decidendi

Leave to rely on grounds of appeal not raised before the primary Judge was refused because the appellants gave no sufficient explanation for failing to raise them below and the proposed grounds lacked merit: the relevant Migration Regulations required an approved nomination as a precondition to the visa, the ceased Subclass 457 visa could not be linked to a new nomination, there was no evidence of an approved nomination, and no Tribunal or primary judge error was shown regarding Ministerial intervention. The appeal was therefore dismissed.

Court Disposition

Leave to rely on new grounds of appeal refused; appeal dismissed; first and second appellants ordered to pay the first respondent's costs fixed at $5,000.00.

Orders

  • ['The name of the first respondent be changed to "Minister for Immigration, Citizenship and Multicultural Affairs".' 'Leave to rely on grounds of appeal not raised before the primary Judge be refused.' 'The appeal be dismissed.' "The first and second appellants pay the first respondent's costs fixed in the sum of...