Sharma v Minister for Immigration and Border Protection [2019] FCA 1927

Sharma v Minister for Immigration and Border Protection [2019] FCA 1927

The appeal was dismissed because, when Ms Sharma applied to the Tribunal for review on 21 April 2017, neither Loveleen Gupta nor KLM Food Pty Ltd was an approved sponsor and there was no pending review of a refusal to approve either as sponsor. The delegate's decision was therefore not a reviewable decision under s 338(2)(d) of the Migration Act 1958 (Cth), the Tribunal lacked jurisdiction, and the Federal Circuit Court made no material legal error in so concluding.

Jurisdiction
Australia
Judgment Date
14 November 2019
Procedural Posture
Migration Appeal / Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision
Outcome
Appeal dismissed with no order as to costs.
Legal Topics
['temporary Work (skilled) (subclass 457) Visa' 'tribunal Jurisdiction' 'part 5 Reviewable Decision' 'approved Sponsor Requirement' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['temporary Work (skilled) (subclass 457) Visa' 'tribunal Jurisdiction' 'part 5 Reviewable Decision' 'approved Sponsor Requirement' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in holding that the Administrative Appeals Tribunal lacked jurisdiction to review the delegate's refusal of the visa application under s 338(2)(d) of the Migration Act 1958 (Cth)." "Whether the appellants' grounds concerning delay, compassionate circumstances, and further time to obtain sponsorship established legal error by the Federal Circuit Court or the Tribunal."]

Ratio Decidendi

The appeal was dismissed because, when Ms Sharma applied to the Tribunal for review on 21 April 2017, neither Loveleen Gupta nor KLM Food Pty Ltd was an approved sponsor and there was no pending review of a refusal to approve either as sponsor. The delegate's decision was therefore not a reviewable decision under s 338(2)(d) of the Migration Act 1958 (Cth), the Tribunal lacked jurisdiction, and the Federal Circuit Court made no material legal error in so concluding.

Court Disposition

Appeal dismissed with no order as to costs.

Orders

  • ['The appeal be dismissed.' 'There be no order as to costs.']