Julakanti v Minister for Immigration and Border Protection

This matter concerned an application by Santhosh Reddy Julakanti for an order to show cause, seeking to overturn a decision by the Minister for Immigration and Border Protection's delegate to refuse him an Employer Nomination Resident (Class VN) visa. The core of the dispute revolved around the withdrawal of the employer's nomination, which was a prerequisite for the visa. Mr Julakanti appeared in person, while the Minister was represented by counsel.

The High Court was required to determine whether the applicant had established grounds for judicial review of the delegate's decision, which had been affirmed by the Migration Review Tribunal and subsequently dismissed by the Federal Circuit Court and the Federal Court on appeal. Specifically, the court considered the applicant's contention that he was not notified by his employer of the withdrawal of the nomination prior to the visa determination, and whether this lack of notification constituted a basis for overturning the refusal. The court also had to consider the timeliness of the application, given the previous judicial reviews.

The court reasoned that the applicant's argument regarding lack of notification did not alter the fact that the employer's nomination, a fundamental criterion for the visa, had been withdrawn before the delegate's decision. The court noted that the visa criterion did not depend on whether the applicant received notice of the withdrawal, but rather on the existence of a valid nomination at the time of decision. Furthermore, the court observed that the applicant's previous applications had been dismissed on the grounds that his arguments lacked reasonable prospects of success, and that the current application was significantly out of time.

Consequently, the High Court dismissed the application, finding that it was bound to fail and had no reasonable prospect of success. The court ordered that the application be dismissed with costs.