Suh v Minister for Immigration and Citizenship [2009] FCAFC 42

FEDERAL COURT OF AUSTRALIA

Suh v Minister for Immigration and Citizenship [2009] FCAFC 42

PRACTICE AND PROCEDURE – decision made by delegate of Minister to refuse nomination for occupational training not reviewable by Migration Review Tribunal – not open to find that Migration Review Tribunal or the Federal Magistrates Court committed any jurisdictional error. PRACTICE AND PROCEDURE – whether authority of judgments of single judges of Federal Court changes according to whether they are sitting in the Court's original or appellate jurisdiction. ADMINISTRATIVE LAW – whether decision made by delegate of Minister to refuse a nomination for occupational training visa reviewable – decision not to approve a nomination made for the purpose of cl 442.222(1) not reviewable MIGRATION – application for Occupational Trainee visa under cl 442 Sch 2 Migration Regulations – nomination for occupational training refused by delegate of Minister – whether decision of delegation to refuse the nomination reviewable – decision not to approve a nomination made for the purpose of cl 442.222(1) not reviewable. Federal Court of Australia Act 1976 (Cth) s 25(1AA) Migration Act 1958 (Cth) ss 338, 476, 477, 477A Migration Regulations Sch 2 cll 442.22, 457.223(4)(a); regs 1.20G, H, NA and UL, 4.02(4)(d), (e), (g) and (ga), 5.19 Bodruddaza v Minister for Immigration and Multicultural Affairs (2007) 228 CLR 651 Craig v South Australia (1995) 184 CLR 163 Kim v Minister for Immigration and Citizenship [2007] FCA 138 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 SZICV v Minister for Immigration and Citizenship [2007] FCAFC 39; (2007) 239 ALR 734 Tvarkovski v Minister for Immigration and Multicultural Affairs [2001] FCA 375 SANG SUP SUH, GI SUP KIM, JU YEON SUH and JUN HEOK SUH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL