Sood v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1057

Procedural Posture

Migration Application for Leave to Appeal / Application for Leave to Appeal From Federal Circuit Court Decision Dismissing Application for Review of Administrative Appeals Tribunal Decision

Legal Issues

1. 1 ['Whether leave to appeal should be granted from an interlocutory order of the Federal Circuit Court' "Whether the proposed appeal disclosed a reasonably arguable case that the Tribunal's decision was affected by jurisdictional error" 'Whether the absence of an approved business sponsor prevented grant of a Temporary Work (Skilled) (Subclass 457) visa' 'Whether alleged unfairness by the employer or the delegate could provide a viable ground of appeal']

Ratio Decidendi

Leave to appeal was refused because the proposed grounds did not disclose any viable or reasonably arguable basis for appellate intervention. The allegations about lack of justice, employer betrayal, and a one-sided departmental decision were not grounds on which the Court could allow the appeal, and the jurisdictional error ground failed because Mr Sood lacked an approved business sponsor, an essential criterion for the subclass 457 visa. In any event, legislative changes meant no employer could now become an approved business sponsor for a subclass 457 visa, so any remitted Tribunal proceeding could not succeed.

Court Disposition

Application for leave to appeal refused with costs.

Orders

• ['The application for leave to appeal be refused with costs.']