FEDERAL CIRCUIT COURT OF AUSTRALIA
| KAMAL & ORS v MINISTER FOR IMMIGRATION & ANOR | [2019] FCCA 2845 |
| Catchwords: MIGRATION – Regional Employer Nomination (Permanent) (Class RN) (Subclass 187) visas – decision of the Administrative Appeals Tribunal – where the applicants were not the subject of an approved nomination – no jurisdictional error – application dismissed. |
| Legislation: Migration Act 1958 (Cth), s.476 Migration Regulations 1994 (Cth), pt.187, cl.187.233 of sch.2 |
| First Applicant: | MUHAMMAD ASIM KAMAL |
| Second Applicant: | ANZAH ASIM KAMAL |
| Third Applicant: | ANUM ASIM |
| First Respondent: | MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS |
| Second Respondent: | ADMINISTRATIVE APPEALS TRIBUNAL |
| File Number: | PEG 152 of 2019 |
| Judgment of: | Judge Kendall |
| Hearing date: | 4 October 2019 |
| Date of Last Submission: | 4 October 2019 |
| Delivered at: | Perth |
| Delivered on: | 4 October 2019 |
REPRESENTATION
| Applicants: | The first applicant appeared in person and on behalf of the second applicant and third applicant |
| Counsel for the First Respondent: | Ms S Anicic |
| Second Respondent: | Submitting appearance, save as to costs |
| Solicitors for the Respondents: | Australian Government Solicitor |
ORDERS
The name of the first respondent be amended to “Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs”.
The application be dismissed.
The first applicant and third applicant pay the first respondent’s costs fixed in the sum of $4,000.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT PERTH |
PEG 152 of 2019
| MUHAMMAD ASIM KAMAL |
First Applicant
| ANZAH ASIM KAMAL |
Second Applicant
| ANUM ASIM |
Third Applicant
And
| MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS |
First Respondent
| ADMINISTRATIVE APPEALS TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
(Ex-tempore; Revised from transcript)
Introduction
By application filed in this Court on 24 April 2019, the applicants seek judicial review of a decision of the Administrative Appeals Tribunal (the “Tribunal”) dated 2 April 2019.
The Tribunal’s decision affirmed a decision of the first respondent (the “Minister”) not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) (Subclass 187) visas (the “visa”).
The application is brought pursuant to s.476(1) of the Migration Act 1958 (Cth) (the “Act”). To obtain relief from this Court, the applicants must satisfy the Court the Tribunal has fallen into a jurisdictional error.
The applicants appeared without legal assistance in this court on 4 October 2019. The first applicant appeared on behalf of the second applicant and third applicant.…
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- Case
- [2019] FCCA 2845
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Federal Court was whether the Administrative Appeals Tribunal had committed a jurisdictional error in its decision regarding the applicants' visa applications. Specifically, the court had to determine if the applicants were entitled to have their visa applications considered on the merits, notwithstanding that they were not the subject of an approved nomination.
Justice Kendall found that the legislative framework for the Subclass 187 visa requires an approved nomination as a prerequisite for the grant of the visa. As the applicants did not have an approved nomination, the Tribunal lacked the power to grant the visa. Consequently, the Tribunal's decision not to grant the visa did not constitute a jurisdictional error. The application for judicial review was therefore dismissed.
Orders
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Decision
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Ratio Decidendi
Legal Principle Established
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