Akbar v Minister for Immigration and Border Protection [2019] FCA 515

Akbar v Minister for Immigration and Border Protection [2019] FCA 515

Sections 104 and 105 of the Migration Act 1958 (Cth) do not permit a visa applicant to change the nominated skilled occupation after application lodgement; such changes are not a correction of an incorrect answer within the meaning of these provisions, nor are they 'additional relevant information' under s 55. The proper course is to withdraw and lodge a new application. The appeal must be dismissed.

Parties
Appellant: Khurram Akbar; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
16 April 2019
Procedural Posture
Appeal / Final Judgment on Appeal From the Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
Subclass 485 Visa, Nominated Skilled Occupation, Notification of Change in Circumstances, Judicial Review, Legitimate Expectation
Administrative Law Migration Law Subclass 485 Visa Nominated Skilled Occupation Notification of Change in Circumstances Judicial Review Legitimate Expectation

Case Brief

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Parties

Khurram Akbar

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Final Judgment on Appeal From the Federal Circuit Court

Legal Issues

  1. 1 Whether a visa applicant may change the nominated skilled occupation after lodgement but before decision
  2. 2 Interpretation of ss 54, 55, 104, and 105 Migration Act 1958 (Cth) in the context of supplying new or corrected answers
  3. 3 Whether Form 1022 creates a legitimate expectation that changes to nominated skilled occupation will be considered

Ratio Decidendi

Sections 104 and 105 of the Migration Act 1958 (Cth) do not permit a visa applicant to change the nominated skilled occupation after application lodgement; such changes are not a correction of an incorrect answer within the meaning of these provisions, nor are they 'additional relevant information' under s 55. The proper course is to withdraw and lodge a new application. The appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • Each party bear its own costs of and incidental to this appeal.