Success Australia Group Pty Ltd v Minister for Immigration

Success Australia Group Pty Ltd (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to cancel its status as a standard business sponsor. The applicant also sought an injunction to prevent the Minister from refusing nomination applications and the applicant's own visa application as a consequence of the sponsorship cancellation. The matter came before Judge Antoni Lucev of the Federal Circuit Court of Australia.

The central legal issue was whether the Federal Circuit Court possessed jurisdiction to hear the applicant's claim. This involved determining whether the Minister's decision to cancel the sponsorship, and the consequential decisions to refuse nomination and visa applications, constituted "migration decisions" within the meaning of the *Migration Act 1958* (Cth) and whether the court had the power to grant the injunctive relief sought.

The court considered the definition of a "migration decision" and the scope of judicial review available under the *Migration Act*. His Honour found that the cancellation of a standard business sponsorship was not a "primary decision" as defined by the Act, nor was it a decision reviewable by the Migration Review Tribunal. Consequently, the court concluded that it lacked jurisdiction to grant the relief sought by the applicant, as the decisions in question did not fall within the purview of the judicial review provisions of the *Migration Act* or the court's general supervisory jurisdiction in migration matters.

The application was therefore dismissed for want of jurisdiction.