Kaur v Minister for Immigration and Border Protection [2016] FCA 84

The appeal must be dismissed because the appellant did not satisfy the primary criterion for the visa class; namely, approval of the employer's nomination by the Minister.

Jurisdiction: Australia
Judgment Date: 11 February 2016
Procedural Posture: Appeal / Judgment and Orders
Outcome: appeal dismissed
Legal Topics: ['judicial Review' 'visa Criteria' 'nomination Approval' 'adjournment Requests']

['migration Law' 'administrative Law'] ['judicial Review' 'visa Criteria' 'nomination Approval' 'adjournment Requests']

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Procedural Posture

Appeal / Judgment and Orders

Legal Issues

1 ['Whether the Migration Review Tribunal erred in affirming refusal of visas due to lack of nomination approval' 'Whether the Tribunal asked itself the wrong question or took into account irrelevant considerations' 'Whether refusal to adjourn hearing constituted jurisdictional error']

Ratio Decidendi

The appeal must be dismissed because the appellant did not satisfy the primary criterion for the visa class; namely, approval of the employer's nomination by the Minister.

Court Disposition

appeal dismissed

Orders

['The appeal is dismissed.' 'Costs are to be agreed or, in the absence of agreement, assessed.' 'If assessed, the amount of costs awarded is not to exceed the sum of $6439.00.']