Bransdon & Bransdon Pty Limited (Migration)

Bransdon & Bransdon Pty Limited (Migration) [2020] AATA 2860 (21 April 2020)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICANT:  Bransdon & Bransdon Pty Limited
CASE NUMBER:  1926944
HOME AFFAIRS REFERENCE(S):          BCC2019/2623285
MEMBER:Michael Cooke
DATE:21 April 2020
PLACE OF DECISION:  Sydney
DECISION:The Tribunal sets aside the decision under review and substitutes a decision approving the nomination.

Statement made on 21 April 2020 at 12:47pm
CATCHWORDS
MIGRATION – nomination of a position (employer nomination) – Direct Entry stream – occupation of Chef – financial report provided – significant increase in sales – training contribution charge – identified need for the nominee – full-time employed for at least 2 years – decision under review set aside
LEGISLATION
Migration Act 1958, ss 5(1), 140, 245
Migration Regulations 1994, rr 1.03, 1.13, 2.72, 5.19
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 6 September 2019 to reject the applicant’s application for approval of the nomination of a position under r.5.19 of the Migration Regulations 1994 (the Regulations).
The applicant applied for approval on 20 May 2019. The requirements for the approval of the nomination of a position in Australia are found in r.5.19 of the Regulations, which contains general requirements for approval and additional requirements for approval set out in three alternative streams: a Temporary Residence Transition stream, a Direct Entry stream and a Labour Agreement stream. If the application meets the requirements for approval then the application must be approved: r.5.19(3)(a). If any of the requirements are not met then the application must be refused: r.5.19(3)(b).
In this case, the applicant has applied for approval of a nomination, seeking to satisfy the criteria in the Direct Entry stream.
The delegate refused the application on the basis the applicant’s nomination did not satisfy reg. 5.19(9)(d) of the Regulations.
The applicant (in response to a request for additional information pertinent to the issues in the case) has forwarded a copious amount of information pursuant to reg.5.19. In particular, the applicant’s representative has addressed the critical issue in the refusal of the nomination thus:
Dear Mr Member Cooke
Bransdon & Bransdon Pty Limited — Case Number 1926944
The review applicant kindly requests the Tribunal to consider the 2019 Financial Report. We have provided a copy of the report for your consideration.
Nominator's financial capacity
In the refusal letter, the Minister's delegate stated that:
the financial statement states that sales for the period for the full 2017 year show total sales of $235,043. For the following year, sales have dropped a significant amount to $157,023. This represents a drop in total revenue in the vicinity of 30%. No explanation has been provided for this situation. Consistent with the reduction has been the reduction in wages expenditure to 2018 of 35% to $97,151.45. The loss in 2018 amounted to $21,436.36.
The review applicant submits that there is a genuine need for the review applicant to employ the nominee as a paid employee to work in the position under the nominator's control. The review applicant submits a copy of the financial report for the year ending 30 June 2019 as verifiable evidence to support the application towards satisfying regulation 5.19(9)(d) of the Regulations.
According to the financial statement, sales for the period for the full 2019 year show total sales of $333,865.73, compare to $157,023.68 for the full year ending 30 June 2018. This represents a significant increase in sales. Consistent with this is the increase of wages expenditure from $97,151.45 to $181,313,50 for the year ending 30 June 2019.
We submit that the nominator is able to pay for the nominee's salary. The 2019 financial statement also demonstrates that the nominator business is a viable operating business and will remain profitable.
Explanation regarding loss
The delegate stated that no explanation has been provided to address the financial loss in 2018 amounting to $21,436.36.
With respect to this issue, the review applicant submits that the business was forced to reduce working hours as the business could not get the right person to do the job of a professional and qualified Chef. The business had to open 5 days as opposed to 7 days per week. Therefore, it is reasonable to expect the business to suffer financial loss if working hours are reduced.
Therefore, we submit the review applicant satisfies the criteria in reg. 5.19(9)(d) of the Regulations.
The applicant was represented in relation to the review by its registered migration agent.
For the following reasons, the Tribunal has decided to set aside the decision under review and substitute a decision approving the nomination.
CONSIDERATION OF CLAIMS AND EVIDENCE
The issue in this case is whether the applicant meets the general requirements for approval of the nomination set out in r.5.19(4) and the stream specific requirements set out in DE r.5.19(9) which are extracted in the attachment to this decision. For the nomination to be approved, all the requirements must be met.
Application requirements – r.5.19(4)(a)
Regulation 5.19(4)(a) requires that an application for approval be made in accordance with a number of requirements set out in r.5.19(2). Regulation 5.19(2) requires that an application must:
·be made in accordance with approved form 1395 (Internet);
·identify the position;
·identify a person in relation to the position;
·identify an occupation in relation to the position,
·identify the subclass and stream to which the nomination relates;
·be accompanied by the fee mentioned in r.5.37; and
·include a written certification by the nominator stating whether or not the nominator has engaged in conduct, in relation to the nomination, that constitutes a contravention of s.245AR(1) of the Migration Act 1958 (the Act).
Applications made on or after 12 August 2018 must also be accompanied by any nomination training contribution charge the nominator is liable for, and identify the annual turnover for the nomination: r.5.19(2)(fa), (fb). The liability is imposed by s.140ZM of the Act and the charge is imposed by the Migration (Skilling Australians Fund) Charges Act 2018, with the amount specified in the Migration (Skilling Australians Fund) Charges Regulations 2018 (Charges Regulations). ‘Annual turnover’ is defined in the Charges Regulations for liable persons operating a business in Australia as the total ordinary income (within the meaning of the Income Tax Assessment Act 1997) derived in the most recent income year (within the meaning of the Income Tax Assessment Act 1997) ending before the day on which the nomination application is made. In any other case, it is defined as the total income the person liable derived in the ordinary course of business in the most recent financial year ending before the day on which the nomination application is made.
Further, if the subclass identified in the application is Subclass 187, the application must be made before 16 November 2019.
The Tribunal finds that the application was made on or after 12 August 2018 and before 16 November 2019, and the application was accompanied by the nomination training contribution charge and identified the ‘annual turnover’.
Given the above findings, the Tribunal is satisfied that the application complied with the requirements in r.5.19(2) and that r.5.19(4)(a) is met.
No adverse information known to Immigration – r.5.19(4)(b)
Regulation 5.19(4)(b) requires that either there is no adverse information known to Immigration about the nominator or a person associated with the nominator, or it is reasonable to disregard any such information.
‘Adverse information’ is defined by r.1.13A as any adverse information relevant to the person’s suitability as an approved sponsor or a nominator. Regulation 1.13A sets out a non-exhaustive list of examples of the kinds of information which meet this definition, including information that the person:
·has contravened a law of the Commonwealth, a State or a Territory, or
·is under investigation, subject to disciplinary action or subject to legal proceedings in relation to a contravention of such a law, or
·has been the subject of administrative action (including being issued with a warning) for a possible contravention of such a law by a Department or regulatory body that administers or enforces the law, or
·has become insolvent (within the meaning of s.95A of the Corporations Act 2001), or
·has given, or caused to be given, to the Minister, an officer, the Tribunal or an assessing authority a ‘bogus document’ (as defined in s.5(1) of the Act), or ‘information that is false or misleading in a material particular’ (as defined in r.1.13A(4)).
The term ‘associated with’ is also given a non-exhaustive definition for the purposes of this requirement, in r.1.13B. It provides that two persons are associated with each other in a wide range of relationships and situations, including if:
·they are or were spouses or de facto partners or members of the same immediate, blended or extended family, or have or had a family-like relationship, or belong or belonged to the same social group, unincorporated association or other body of persons, or have or had common friends or acquaintances, or
·one is or was a consultant, adviser, partner, representative on retainer, officer, employer, employee or member of the other or any corporation or other body in which the other is or was involved (including as an officer, employee or member), or
·a third person is or was a consultant, adviser, partner, representative on retainer, officer, employer, employee or member of bother of them, or
·they are or were related bodies corporate (within the meaning of the Corporations Act 2001) or,
·one is or was able to exercise influence or control over the other, or
·a third person is or was able to exercise influence or control over the both of them.
Regulation 1.13B(2) provides that it does not matter if one of the persons mentioned has ceased to exist.
The Tribunal finds that there is adverse information known to Immigration about a person associated with the applicant, but it is reasonable to disregard it after further investigation.
Given the above findings, the Tribunal is satisfied that r.5.19(4)(b) is met.
Mandatory licencing, registration and memberships – r.5.19(4)(c)
Regulation 5.19(4)(c) provides that if it is mandatory in the State or Territory in which the position is located for a person to hold a licence or a registration of a particular kind, or be a member (or a member of a particular kind) of a particular professional body, to perform tasks of the kind to be performed in the occupation, the identified person is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body, at the time of application.
In this instance, the relevant State or Territory is NSW and the relevant occupation is Chef.
The Tribunal is unaware of any such licencing / registration / membership requirements.
Given the above findings, the Tribunal is satisfied that r.5.19(4)(c) is met.
Satisfactory compliance with employment laws - r.5.19(4)(d)
Regulation 5.19(4)(d) requires that the nominator has a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the nominator operates a business and employs employees in the business, relating to employment.
The Tribunal finds no evidence of an unsatisfactory record of compliance with relevant laws.
Given the above findings, the Tribunal is satisfied that r.5.19(4)(d) is met.
Training contribution debts – r.5.19(4)(da)
Regulation 5.19(4)(da) applies to applications made on or after 12 August 2018. It requires that any debt due by the nominator as mentioned in s.140ZO of the Act, relating to recovery of nomination contribution charges and penalties for underpayments, has been paid in full.
The Tribunal is not aware of any debt payable by the nominator under s.140ZO.
Given the above findings, the Tribunal is satisfied that r.5.19(4)(da) is met.
Actively and lawfully operating business – r.5.19(9)(a)
Regulation 5.19(9)(a) requires that the nominator is actively and lawfully operating a business in Australia.
The Tribunal finds that the nominator is actively and lawfully operating a business in Australia.
Given the above findings, the Tribunal is satisfied that r.5.19(9)(a) is met.
Labour hire businesses – r.5.19(9)(b)
Regulation 5.19(9)(b) applies to nominators whose business activities include those related to labour hire to other unrelated businesses. In these cases, the nominated position must be within the business activities of the nominator and not for hire to other unrelated businesses.
The Tribunal finds that the nominator is not involved in labour hire activities,
Given the above findings, the Tribunal is satisfied that r.5.19(9)(b) does not apply
Genuine need for employment – r.5.19(9)(c) and r.5.19(9)(d)
Regulation 5.19(9)(c) requires the nomination application to identify a need for the identified person to be employed in the position, under the direct control of the nominator, and r.5.19(9)(d) requires this need to be genuine.
The Tribunal finds that the application has identified a need for the nominee to be employed in the position under the nominator’s direct control and the need is genuine.
Given the above findings, the Tribunal is satisfied that r.5.19(9)(c) and (d) are met.
Future employment – r.5.19(9)(e), (f) and (g)
Regulations 5.19(9)(e), (f) and (g) contain requirements relating to the future employment of the identified person.
Firstly, r.5.19(9)(e) requires that the identified person will be employed on a full-time basis in the position for at least 2 years.
Secondly, r.5.19(9)(f) requires that the terms and conditions of the identified person’s employment will not include an express exclusion of the possibility of extending the period of employment.
Finally, r.5.19(9)(g) requires that the nominator’s business has the capacity to employ the identified person for at least 2 years and to pay the person at least the annual market salary rate for the occupation each year. The ‘annual market salary rate’ is the earnings an Australian citizen or permanent resident earns or would earn for performing equivalent work on a full-time basis for a year in the same workplace at the same location: r.1.03.
The Tribunal finds that:
·the nominee will be employed full-time for at least 2 years,
·the terms and conditions of the nominee’s employment will not exclude the possibility of extending the period of employment,
·the person will pay at least the annual market salary rate for the occupation,
·the nominator’s business has the capacity to employ the nominee for at least 2 years and pay them at this rate.
Given the above findings, the Tribunal is satisfied that r.5.19(9)(e), (f) and (g) are met.
Annual earnings – r.5.19(9)(h)
Regulation 5.19(9)(h) provides that the requirements set out in r.2.72(15) must be met, applying r.2.72(15) and (16) as if r.2.72(15)(a) did not apply and references to ‘the nominee’ and ‘the person’ were references to the identified person and the nominator respectively. Regulation 2.72(15) contains several requirements which must be met if the identified person’s annual earnings in relation to the occupation will not be at least the amount specified in the Instrument. Regulation 2.57A provides for the meaning of ‘earnings’. Where r.2.72(15) applies, it requires that:
·the annual market salary rate (the rate) for the occupation has been determined by the applicant by reference to the instrument: r.2.72(15)(c). The ‘annual market salary rate’ means the earnings an Australian citizen or an Australian permanent resident earns or would earn for performing equivalent work on a full-time basis for a year in the same workplace at the same location: r.1.03.
·the rate, excluding any non-monetary benefits (as defined in r.2.57A(3)), for the occupation is not less than the temporary skilled migration income threshold specified in the Instrument (TSMIT), unless the rate for the occupation is not less than the TSMIT, and it is reasonable in the circumstances to disregard this criterion: r.2.72(15)(d) and r.2.72(16)(a);
·the identified person’s annual earnings in relation to the occupation will not be less than the rate for the occupation, unless it is reasonable in the circumstances to disregard this criterion, and the criterion in r.2.72(10)(b) in relation to the need for a full-time position is disregarded under r.2.72(10A): r.2.72(15)(e) and r.2.72(16)(aa). However, in this case, the power under r.2.72(10A) does not arise;
·the identified person’s annual earnings, excluding any non-monetary benefits (as defined in r.2.57A(3)), in relation to the occupation will not be less than the TSMIT, unless it is reasonable in the circumstances to disregard this criterion: r.2.72(15)(f) and r.2.72(16)(b); and
·either there is no information known to Immigration that indicates the rate for the occupation is inconsistent with Australian labour market conditions relevant to the occupation, or it is reasonable to disregard any such information: r.2.72(15)(g).
As the annual earnings in relation to the occupation will not be less than the TSMIT the requirements of r.2.72(15) are satisfied.
Given the above findings, the Tribunal is satisfied that r.5.19(9)(h) is met.
No information to indicate less favourable employment conditions – r.5.19(9)(i)
Regulation 5.19(9)(i) requires that there is either no information known to Immigration that indicates the employment conditions (other than in relation to earnings) that will apply to the identified person are less favourable to those that apply, or would apply, to an Australian citizen or permanent resident performing equivalent work at the same location, or that it is reasonable to disregard any such information.
The Tribunal finds it has no information which indicates the nominee’s employment conditions (other than earnings) will be less favourable than those for the Australian equivalent.
Given the above findings, the Tribunal is satisfied that r.5.19(9)(i) is met.
Tasks correspond to specified occupation – r.5.19(9)(j)
Regulation 5.19(9)(j) provides that the requirements in r.5.19(10) or r.5.19(12) must be met. Regulations 5.19(10) and (12) respectively relate to nominations for a

Subclass 186 (Employer Nomination Scheme) visa, and nominations for a Subclass 187 (Regional Sponsored Migration Scheme) visa. Nominations identifying a Subclass 187 visa can only be made before 16 November 2019. In this case, the nomination relates to a Subclass 187 visa.
Regulation 5.19(12) contains several requirements including that:
·the position is located at a place in regional Australia and the business operated by the nominator is located at that place: r.5.19(12)(a) and (b).
·the position cannot be filled by an Australian citizen or permanent resident who is living in, or would move to, the local area concerned: r.5.19(12)(c).
·the tasks to be performed in the position correspond to the tasks of an occupation specified in a legislative instrument made under r.5.19(13) and in force at the time the application is made; and the occupation applies to the identified person in accordance with that instrument: r.5.19(12)(d) and (e).
·a specified regional certifying body located in the same State or Territory and with responsibility for the local area in which the position is located has advised the Minister about whether the identified person would be paid at least the annual market salary rate for the occupation, whether there is a genuine need for the identified person to be employed in the position under the direct control of the nominator, and whether the position can be filled by an Australian citizen or permanent resident who is living in, or would move to, the local area concerned: r.5.19(12)(f).
Findings and reasons re Regulation 5.19(12):
·the position is located at a place in regional Australia (in the Register of Business Instruments) which is Port Macquarie NSW.
·the business operated by the nominator is located at Port Macquarie,
·the position cannot be filled by an Australian citizen or permanent resident who is living in, or would move to, the local area concerned,
·the tasks to be performed in the position correspond to the tasks of an occupation specified in the relevant legislative Instrument (in the Register of Business Instruments) and whether any additional applicability requirements for that occupation are met,
·a regional certifying body (Regional Development Australia Mid-North Coast) in the Register of Business Instruments located in the same State as the position and with responsibility for the local area has advised the Minister about whether the identified person would be paid at least the annual market salary rate for the occupation, whether there is a genuine need for the identified person to be employed in the position under the direct control of the nominator, and whether the position can be filled by an Australian citizen or permanent resident who is living in, or would move to, the local area concerned.

Given the above findings, the Tribunal is satisfied that r.5.19(12) is met. Accordingly, r.5.19(9)(j) is also met.
Based on the findings above, the Tribunal is satisfied that the applicant meets the requirements of r.5.19 for approval of the nomination of the position in Australia.
DECISION
The Tribunal sets aside the decision under review and substitutes a decision approving the nomination.
Michael Cooke
Senior Member

ATTACHMENT – EXTRACTS FROM THE MIGRATION REGULATIONS 1994
5.19Approval of nominated positions—Subclass 186 (Employer Nomination Scheme) visa and Subclass 187 (Regional Sponsored Migration Scheme) visa
Application
(1)A person (the nominator) (including a partnership or unincorporated association) may apply to the Minister for approval of the nomination of a position in Australia.
(2)The application must:
(a)be made in accordance with approved form 1395 (Internet); and
(b)identify the position; and
(c)identify a person (the identified person) in relation to the position; and
(d)identify an occupation in relation to the position; and
(e)identify the subclass and stream to which the nomination relates, which must be one of the following:
(i)a Subclass 186 (Employer Nomination Scheme) visa in the Temporary Residence Transition stream;
(ii)a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream;
(iii)a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream;
(iv)Subclass 187 (Regional Sponsored Migration Scheme) visa in the Direct Entry stream;
(v)a Subclass 186 (Employer Nomination Scheme) visa in the Labour Agreement stream; and
(f)be accompanied by the fee mentioned in regulation 5.37; and
(fa)be accompanied by any nomination training contribution charge the nominator is liable to pay in relation to the nomination; and
(fb)identify the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for the nomination; and
(g)include a written certification by the nominator stating whether or not the nominator has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act.
Approval of nomination
(3)The Minister must, in writing:
(a)approve the nomination if the Minister is satisfied that the requirements set out in subregulation (4) are met; or
(b)otherwise—refuse to approve the nomination.
Requirements for approval—general
(4)The requirements to be met for the nomination to be approved are as follows:
(a)the application is made in accordance with subregulation (2);
(b)either:
(i)there is no adverse information known to Immigration about the nominator or a person associated with the nominator; or
(ii)it is reasonable to disregard any adverse information known to Immigration about the nominator or a person associated with the nominator;
(c)if it is mandatory, in the State or Territory in which the position is located, for a person to:
(i)hold a licence of a particular kind; or
(ii)hold registration of a particular kind; or
(iii)be a member (or a member of a particular kind) of a particular professional body;
to perform tasks of the kind to be performed in the occupation, the identified person is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body, at the time of application;
(d)the nominator has a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the nominator operates a business and employs employees in the business, relating to employment;
(da)any debt due by the nominator as mentioned in section 140ZO of the Act (recovery of nomination training contribution charge and late payment penalty) has been paid in full;
(e)if the nomination relates to a visa in a Temporary Residence Transition stream—the requirements set out in subregulation (5) are met;
(f)if the nomination relates to a visa in a Direct Entry stream—the requirements set out in subregulation (9) are met;
(g)if the nomination relates to a visa in a Labour Agreement stream—the requirements set out in subregulation (14) are met.
…
Direct Entry stream—additional requirements for approval
(9)If the nomination relates to a visa in a Direct Entry stream, the following requirements must also be met:
(a)the nominator is actively and lawfully operating a business in Australia;
(b)if the nominator’s business activities include activities related to the hiring of labour to other unrelated businesses—the position is within the business activities of the nominator and not for hire to other unrelated businesses;
(c)the application identifies a need for the identified person to be employed in the position, under the direct control of the nominator;
(d)there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator;
(e)the identified person will be employed on a full‑time basis in the position for at least 2 years;
(f)the terms and conditions of the identified person’s employment will not include an express exclusion of the possibility of extending the period of employment;
(g)the nominator’s business has the capacity to employ the identified person for at least 2 years and to pay the person at least the annual market salary rate for the occupation each year;
(h)the requirements set out in subregulation 2.72(15) are met, applying subregulations 2.72(15) and (16) as if:
(i)paragraph 2.72(15)(a) did not apply; and
(ii)references to the nominee were references to the identified person; and
(iii)references to the person were references to the nominator;
(i)either:
(i)there is no information known to Immigration that indicates that the employment conditions (other than in relation to earnings) that will apply to the identified person are less favourable than those that apply, or would apply, to an Australian citizen or an Australian permanent resident performing equivalent work at the same location; or
(ii)it is reasonable to disregard any such information;
(j)the requirements set out in subregulation (10) or (12) are met.
Occupations for the Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream
(10)The requirements of this subregulation are as follows:
(a)the tasks to be performed in the position will be performed in Australia and correspond to the tasks of an occupation specified in a legislative instrument:
(i)made under subregulation (11); and
(ii)in force at the time the application is made;
(b)the occupation applies to the identified person in accordance with that instrument.
(11)The Minister may, by legislative instrument, specify occupations for the purposes of subregulation (10) and, for each occupation, specify any matters for the purposes of determining whether the occupation applies to an identified person, including matters relating to any of the following:
(a)the nominator;
(b)the identified person;
(c)the occupation;
(d)the position in which the identified person is to work;
(e)the circumstances in which the occupation is undertaken;
(f)the circumstances in which the person is to be employed in the position.
Occupations for the Subclass 187 (Regional Sponsored Migration Scheme) visa in the Direct Entry stream
(12)The requirements of this subregulation are as follows:
(a)the position is located at a place in regional Australia;
(b)the business operated by the nominator is located at that place;
(c)the position cannot be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned;
(d)the tasks to be performed in the position correspond to the tasks of an occupation specified in a legislative instrument:
(i)made under subregulation (13); and
(ii)as in force at the time the application is made;
(e)the occupation applies to the identified person in accordance with that instrument;
(f)the Minister has been advised by a body that meets the requirements set out in paragraph (g) of this subregulation about matters relating to the following:
(i)whether the identified person would be paid at least the annual market salary rate for the occupation;
(ii)whether there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator;
(iii)whether the position can be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned;
(g)the body must:
(i)be specified in a legislative instrument made by the Minister for the purposes of this paragraph; and
(ii)be located in the State or Territory in which the position is located; and
(iii)have responsibility for the local area in which the position is located.
(13)The Minister may, by legislative instrument, specify occupations for the purposes of subregulation (12) and, for each occupation, specify any matters for the purposes of determining whether the occupation applies to an identified person, including matters relating to any of the following:
(a)the nominator;
(b)the identified person;
(c)the occupation;
(d)the position in which the identified person is to work;
(e)the circumstances in which the occupation is undertaken;
(f)the circumstances in which the person is to be employed in the position.
…
Meaning of regional Australia
(16)In this regulation:
regional Australia means a part of Australia specified in legislative instrument made by the Minister for the purposes of this definition.

[2020] AATA 2860

21 April 2020

Key Legal Topics

Areas of Law

Immigration

Administrative Law

Legal Concepts

Judicial Review

Statutory Construction

Procedural Fairness

Jurisdiction