Song v Minister for Home Affairs [2019] FCA 970

The Tribunal was correct to confine its assessment to occupations with a six digit ANZSCO code as required by the Migration Regulations. Its findings on the genuineness of the nominated occupation and the refusal of sponsorship were reasonable and adequately justified, and no jurisdictional error or legal unreasonableness has been established.

Jurisdiction: Australia
Judgment Date: 21 June 2019
Procedural Posture: Appeals From Federal Circuit Court on Migration Decisions / Judgment on Appeal
Outcome: Appeal dismissed with costs
Legal Topics: ['temporary Business Entry Visa (subclass 457)' 'nomination Approval' 'genuineness of Nominated Occupation' 'jurisdictional Error' 'anzsco Code Requirements' 'legal Unreasonableness']

['migration Law' 'administrative Law'] ['temporary Business Entry Visa (subclass 457)' 'nomination Approval' 'genuineness of Nominated Occupation' 'jurisdictional Error' 'anzsco Code Requirements' 'legal Unreasonableness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeals From Federal Circuit Court on Migration Decisions / Judgment on Appeal

Legal Issues

1 ['Whether the Tribunal erred by requiring nomination to refer only to a six digit ANZSCO code and not a four digit code' "Whether the Tribunal's findings as to the genuineness of the nominated occupation were legally unreasonable" "Whether the Tribunal's comments as to the truthfulness of appellants involved jurisdictional error"]

Ratio Decidendi

Court Disposition

Appeal dismissed with costs

Orders

['The appeals be dismissed.' "The appellants pay the first respondent's costs as assessed or agreed."]