Moller v Minister for Immigration and Citizenship [2007] FCA 839

Moller v Minister for Immigration and Citizenship [2007] FCA 839

The Migration Regulations 1994 (Cth) do not permit a sole trader to sponsor himself for a subclass 457 visa because the sponsor and employee must be separate legal entities. The Federal Magistrate did not err in finding that self-sponsorship in these circumstances was not available under regulation 1.20D.

Jurisdiction
Australia
Judgment Date
29 June 2007
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['judicial Review' 'business Sponsorship' 'temporary Business Visa' 'self Sponsorship' 'contractual Capacity']
['immigration Law' 'administrative Law'] ['judicial Review' 'business Sponsorship' 'temporary Business Visa' 'self Sponsorship' 'contractual Capacity']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Migration Regulations 1994 (Cth) permit a sole trader to sponsor himself for a subclass 457 visa.' 'Whether the Federal Magistrate erred in interpreting regulation 1.20D of the Migration Regulations 1994 (Cth).']

Ratio Decidendi

The Migration Regulations 1994 (Cth) do not permit a sole trader to sponsor himself for a subclass 457 visa because the sponsor and employee must be separate legal entities. The Federal Magistrate did not err in finding that self-sponsorship in these circumstances was not available under regulation 1.20D.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent in the sum of $4000.']