amneet pal singh v minister for immigration and border protection & anor

[2015] HCASL 121

amneet pal singh

v

minister for immigration and border protection & anor

[2015] HCASL 121
D3/2015

1. The applicant, a national of India, applied for an Employer Nomination (Residence) (Class BW) visa. At the time of the visa application, cl 857.221 of Sched 2 to the Migration Regulations 1994 (Cth) contained criteria relevant to the grant of the visa. It is sufficient to note for present purposes that an effect of that clause was to require that an applicant's nomination by an employer for appointment in the employer's business be "approved". A delegate of the first respondent refused the application because the appointment sought to be relied upon by the applicant had not been approved. The Migration Review Tribunal ("the Tribunal") affirmed the delegate's decision. An application for judicial review of the Tribunal's decision was dismissed by the Federal Circuit Court of Australia (Judge Lloyd-Jones) and an application for leave to appeal was refused by the Federal Court of Australia (Nicholas J).

2. The applicant filed an application in this Court for an order to show cause directed to the respondents.  A single Justice of this Court (Hayne J) dismissed the application on the basis that the Tribunal had been correct to conclude that, at the time it made its decision, there was no information before it to indicate that the relevant appointment to a position in the employer's business had been approved.  The applicant now seeks special leave to appeal against that dismissal of his application for an order to show cause.   

3. The applicant does not have legal representation. The application therefore falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

4. The judgment from which the applicant now seeks special leave to appeal was plainly correct.  An appeal to this Court would enjoy no prospect of success.  The application is dismissed.

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

V.M. Bell
13 August 2015 S.J. Gageler