Akter v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1608
The Tribunal provided appropriate procedural fairness by notifying the appellants of the information that would support affirming the decision to refuse their visas, and gave them opportunity to respond. The legislative criteria required an approved employer nomination, which was not satisfied. No jurisdictional error or denial of procedural fairness was demonstrated.
- Jurisdiction
- Australia
- Judgment Date
- 15 December 2021
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- ['judicial Review' 'procedural Fairness' 'employer Nomination Scheme Visa' 'migration Decision Making']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 ['Whether the Tribunal failed to provide procedural fairness to the appellants' "Whether the Tribunal failed to consider all aspects of the appellants' claims" 'Whether the Tribunal failed to comply with s 359A and/or s 359AA of the Migration Act 1958 by failing to provide sufficient information']
Ratio Decidendi
The Tribunal provided appropriate procedural fairness by notifying the appellants of the information that would support affirming the decision to refuse their visas, and gave them opportunity to respond. The legislative criteria required an approved employer nomination, which was not satisfied. No jurisdictional error or denial of procedural fairness was demonstrated.
Court Disposition
Appeal dismissed
Orders
- ['The appeal be dismissed.' "The first and second appellants pay the first respondent's costs."]
Full Case Text
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