Omer v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1108

Omer v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1108

Leave to appeal was refused because there was no reason to doubt the correctness of the primary judge's decision and the proposed appeal had no reasonable prospect of success. The applicant's visa application could not succeed because the relevant nomination had not been approved, so the Tribunal was entitled to find that the visa requirements were not satisfied.

Jurisdiction
Australia
Judgment Date
08 September 2021
Procedural Posture
Migration Application for Leave to Appeal From Dismissal of an Application for Judicial Review / Application for an Extension of Time Treated as an Application for Leave to Appeal Filed in Time
Outcome
The application for an extension of time and leave to appeal was dismissed.
Legal Topics
['leave to Appeal' 'judicial Review' 'employer Nomination (permanent) (class En) (subclass 186) Visa' 'approved Nomination Requirement']
['migration' 'administrative Law'] ['leave to Appeal' 'judicial Review' 'employer Nomination (permanent) (class En) (subclass 186) Visa' 'approved Nomination Requirement']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal From Dismissal of an Application for Judicial Review / Application for an Extension of Time Treated as an Application for Leave to Appeal Filed in Time

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from an interlocutory order dismissing the Federal Circuit Court application under r 44.12 of the Federal Circuit Court Rules 2001 (Cth).' 'Whether the decision at first instance was attended by sufficient doubt to warrant reconsideration on appeal.' 'Whether the applicant had any reasonable prospect of success where the relevant nomination for the Subclass 186 visa had not been approved.']

Ratio Decidendi

Leave to appeal was refused because there was no reason to doubt the correctness of the primary judge's decision and the proposed appeal had no reasonable prospect of success. The applicant's visa application could not succeed because the relevant nomination had not been approved, so the Tribunal was entitled to find that the visa requirements were not satisfied.

Court Disposition

The application for an extension of time and leave to appeal was dismissed.

Orders

  • ['The application for an extension of time and leave to appeal be dismissed.' "The applicant pay the first respondent's costs of the appeal fixed in the amount of $4000."]