Hu v Minister for Immigration and Citizenship [2009] FCA 1288

Hu v Minister for Immigration and Citizenship [2009] FCA 1288

Because the refusal to approve the nomination was not reviewable by the Tribunal at the relevant time, the Tribunal was correct to affirm the visa refusal, and there was no jurisdictional error. The grounds of appeal were therefore without merit and the appeal was dismissed.

Parties
Appellant: Joo Sung Hu; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
12 November 2009
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court
Outcome
Appeal dismissed
Legal Topics
Visas—occupational Trainee, Reviewability of Nomination Refusal, Jurisdiction of the Migration Review Tribunal, Federal Court Appellate Procedure, Procedure on Non Appearance
Migration Law Administrative Law Visas—occupational Trainee Reviewability of Nomination Refusal Jurisdiction of the Migration Review Tribunal Federal Court Appellate Procedure Procedure on Non Appearance

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Parties

Joo Sung Hu

Appellant

Minister for Immigration and Citizenship

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Was the refusal to accept a nomination for an occupational trainee visa reviewable by the Migration Review Tribunal at the relevant time?
  2. 2 Was the appellant denied procedural fairness or a fair chance to present his case?
  3. 3 Should the appeal be dismissed in the appellant's absence or heard on its merits?

Ratio Decidendi

Because the refusal to approve the nomination was not reviewable by the Tribunal at the relevant time, the Tribunal was correct to affirm the visa refusal, and there was no jurisdictional error. The grounds of appeal were therefore without merit and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The Appeal is dismissed.
  • The First Respondent is to notify the Appellant of the order dismissing his appeal and the terms of O 52 r 38A(2) of the Federal Court Rules.