Recent Cases

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 123 (07 August 2023) (Charlesworth, O’Sullivan and Raper JJ)


Catchwords:


MIGRATION – reg 5.19 of the Migration Regulations 1994 (Cth) – appeal from a single judge of the former Federal Circuit Court of Australia – primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal – appellant applied for a Regional Employer Nomination (subclass 187) visa – the application was denied on the basis that the appellant’s employer’s nomination application had not been approved – whether the Tribunal erred by founding its decision to refuse the visa on its refusal of the nomination application which was affected by jurisdictional error – whether the term “position” in reg 5.19 is confined to a role at a single location – whether the Tribunal asked itself the wrong question when it considered whether the nomination criteria in reg 5.19(4) was satisfied by constraining the consideration of “position” to the description given on the visa application form and failed to consider a claim raised on the nomination application – whether an error in the Tribunal’s nomination application decision can lead to jurisdictional error in the Tribunal’s visa decision – appeal dismissed