Abdul Salam v Minister for Immigration and Border Protection

[2015] HCASL 48

ABDUL SALAM

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 48
S295/2014

1. On 4 January 2013, the applicant's application for an Employer Nomination (Residence) (Class BW) (Subclass 856) visa was refused by a delegate of the first respondent on the basis that the applicant did not meet cl 856.221 of Sched 2 to the Migration Regulations 1994 (Cth) ("the Regulations"), as his nomination for appointment to a position of employment had not been approved as required under cl 856.221(a) of the Regulations.

2. On 19 December 2013, the Migration Review Tribunal ("the Tribunal") affirmed the decision of the delegate. The Tribunal was not satisfied on the basis of the information before it that the applicant's appointment to a position of employment had been approved as required by to cl 856.221(a) of the Regulations.

3. On 12 August 2014, the Federal Circuit Court of Australia (Manousaridis J) dismissed the application for judicial review of the Tribunal's decision.  Manousaridis J found that the Tribunal was correct to conclude that the applicant had not met the criteria for the grant of a visa.

4. On 12 November 2014, the Federal Court of Australia (Nicholas J) dismissed the applicant's appeal. Nicholas J found that there was no basis for finding that the decision of Manousaridis J was affected by jurisdictional error, or that the Tribunal misunderstood the requirements of cl 856.221 of the Regulations.

5. The applicant now applies for special leave to appeal to this Court.  The applicant's draft notice of appeal discloses no reason to doubt the correctness of the decision of the Federal Court.  There is no substance to the allegation that the Federal Court was biased.  An appeal to this Court would enjoy no prospects of success.  Special leave is refused.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
9 April 2015 P.A. Keane