Paramba v Minister for Immigration and Border Protection [2019] FCA 231

Paramba v Minister for Immigration and Border Protection [2019] FCA 231

The appeal was dismissed because, at the time of the Tribunal's visa decision, there was no approved nomination in relation to the appellant under s 140GB, so the criterion in cl 457.223(4)(a)(i) was not satisfied. The alleged error in the earlier nomination refusal was not before the primary judge because the appellant had not sought judicial review of the Tribunal's separate decision affirming that refusal. The primary judge did not err by declining to substitute his own decision for the Tribunal's decision. The new bias ground was not raised below and had no reasonable prospect of success because the primary judge's task was to identify jurisdictional error in the Tribunal's decision,...

Jurisdiction
Australia
Judgment Date
06 February 2019
Procedural Posture
Appeal From Dismissal of an Application for Judicial Review of an Administrative Appeals Tribunal Migration Decision / Federal Court Appeal From Federal Circuit Court Orders
Outcome
The appeal is dismissed.
Legal Topics
['temporary Work (skilled) (subclass 457) Visa' 'approved Nomination Under S 140 Gb' 'jurisdictional Error' 'judicial Review' 'actual or Apprehended Bias' 'appealable Error']
['migration Law' 'administrative Law'] ['temporary Work (skilled) (subclass 457) Visa' 'approved Nomination Under S 140 Gb' 'jurisdictional Error' 'judicial Review' 'actual or Apprehended Bias' 'appealable Error']

Case Brief

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Procedural Posture

Appeal From Dismissal of an Application for Judicial Review of an Administrative Appeals Tribunal Migration Decision / Federal Court Appeal From Federal Circuit Court Orders

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in dismissing judicial review of the Tribunal decision affirming refusal of the appellant's subclass 457 visa application." 'Whether the absence of an approved nomination under s 140GB meant the visa criterion in cl 457.223(4)(a)(i) was not satisfied.' "Whether alleged error or bias in the delegate's refusal of the nomination was before the primary judge." 'Whether the appellant should be permitted to raise a new bias argument on appeal.' "Whether a nomination approval dated 10 September 2018 demonstrated appealable error in the primary judge's decision."]

Ratio Decidendi

The appeal was dismissed because, at the time of the Tribunal's visa decision, there was no approved nomination in relation to the appellant under s 140GB, so the criterion in cl 457.223(4)(a)(i) was not satisfied. The alleged error in the earlier nomination refusal was not before the primary judge because the appellant had not sought judicial review of the Tribunal's separate decision affirming that refusal. The primary judge did not err by declining to substitute his own decision for the Tribunal's decision. The new bias ground was not raised below and had no reasonable prospect of success because the primary judge's task was to identify jurisdictional error in the Tribunal's decision,...

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.' 'The name of the first respondent be amended to read Minister for Home Affairs.' "The appellant pay the first respondent's costs of the appeal, as agreed or assessed."]