El Masri v Minister for Immigration and Border Protection [2015] FCAFC 181

El Masri v Minister for Immigration and Border Protection [2015] FCAFC 181

At the time the application for review of the visa was made, there was a pending application for review of the refusal of the business nomination application; this sufficed to confer jurisdiction on the Tribunal under s 338(2)(d).

Jurisdiction
Australia
Judgment Date
16 December 2015
Procedural Posture
Appeal / Appeal From Federal Circuit Court Dismissing Application for Judicial Review
Outcome
Appeal allowed
Legal Topics
['judicial Review' 'tribunal Jurisdiction' 'visa Refusal' 'sponsor Nomination']
['migration Law'] ['judicial Review' 'tribunal Jurisdiction' 'visa Refusal' 'sponsor Nomination']

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
Sign in to unlock

Procedural Posture

Appeal / Appeal From Federal Circuit Court Dismissing Application for Judicial Review

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to review the decision to refuse the appellant a Temporary Business Entry (Class UC) subclass 457 visa' 'Construction of s 338(2)(d) of the Migration Act 1958 (Cth)']

Ratio Decidendi

At the time the application for review of the visa was made, there was a pending application for review of the refusal of the business nomination application; this sufficed to confer jurisdiction on the Tribunal under s 338(2)(d).

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' 'The orders of the Federal Circuit Court made on 19 June 2015 be set aside.' 'The decision of the second respondent given on 10 April 2015 be set aside.' 'The application for review dated 1 October 2014 be remitted to the second respondent for hearing and determination according to law.'...