Mohammed-Usman v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter concerned an application for a constitutional writ under s 476 of the *Migration Act 1958* (Cth) brought by the applicants, citizens of Nigeria, against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The application sought review of a decision by the Administrative Appeals Tribunal (the Tribunal) made on 17 July 2019, which affirmed a delegate's decision to refuse the applicants' Regional Employer Nomination (Subclass 187) Visa. The applicants' sponsoring employer's nomination had been refused, leading to the refusal of their visa applications because they did not meet the essential criteria of having an approved nomination.

The primary legal issue before the Federal Circuit Court was whether the Tribunal had erred in law in affirming the delegate's decision. Specifically, the court was required to consider whether the applicants had raised an arguable case of relevant error by the Tribunal, particularly in light of their submission that they were victims of migration fraud. The Tribunal had acknowledged the applicants' status as victims of fraud and had considered the supporting documentation and oral evidence presented, but ultimately found that the applicants could not satisfy the requirement of an approved nomination under cl 187.233 of the *Migration Regulations 1994* (Cth).

Judge Street found that the applicants had not raised an arguable case of relevant error by the Tribunal. The court noted that the Tribunal had correctly identified the central issue as the requirement for an approved nomination and had had regard to the evidence presented, including the applicants' statement regarding the migration fraud. Despite acknowledging the fraud, the Tribunal correctly applied the law, which mandated an approved nomination for the visa to be granted. Consequently, the court concluded that no error of law had been demonstrated.

The application was dismissed under rule 44.12 of the *Federal Circuit Court Rules 2021* (Cth). The first and second applicants were ordered to pay the first respondent's costs, fixed at $3,737.00.