Kaur v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 437

Leave to appeal was refused because, in the absence of an approved nomination, the Applicant was not eligible for the visa and any appeal would be futile.

Jurisdiction: Australia
Judgment Date: 08 May 2023
Procedural Posture: Application for Leave to Appeal / Judgment Rejecting Leave to Appeal
Outcome: Application for leave to appeal dismissed with costs
Legal Topics: ['regional Employer Nomination Visa' 'approval of Nomination' 'appeal Futility']

['migration Law'] ['regional Employer Nomination Visa' 'approval of Nomination' 'appeal Futility']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Judgment Rejecting Leave to Appeal

Legal Issues

1 ['Whether leave to appeal should be granted in absence of approved nomination' 'Whether the appeal would be futile due to lack of approved nomination']

Ratio Decidendi

Leave to appeal was refused because, in the absence of an approved nomination, the Applicant was not eligible for the visa and any appeal would be futile.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

['The application for leave to appeal be dismissed with costs as agreed or as taxed.' 'The name of the First Respondent be changed to the Minister for Immigration, Citizenship and Multicultural Affairs.']