Goswami v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicants, Nepali citizens, sought leave to appeal against the Federal Circuit Court's dismissal of their application for leave to appeal from the interlocutory orders and the judgment of the Federal Circuit Court of Australia dated 28 January 2020. The applicants were self-represented and the matter was dealt with on the papers. The applicants sought judicial review of the decision of the Administrative Appeals Tribunal (AAT), which affirmed the delegate's decision to refuse to grant them Employer Nomination visas. The key issue before the court was whether the proposed grounds of appeal had sufficient merit to warrant the grant of leave to appeal.

The court found that the applicants' proposed grounds of appeal were meritless. Specifically, the court held that there was no merit in the applicants' claim in proposed ground three that there was a denial of natural justice or want of procedural fairness in the AAT's processes. Furthermore, the court held that it would be futile to remit the matter to the AAT because of the first applicant's inability to satisfy cl 186.223(2) of the Regulations. Accordingly, the application for leave to appeal was dismissed with costs.

The court ordered that the application for leave to appeal be dismissed and that the first and second applicants pay the first respondent's costs, as agreed or taxed. The entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.