Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 123

Federal Court of Australia

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 123 Appeal from: Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 529

File number: SAD 51 of 2021

Judgment of: CHARLESWORTH, O'SULLIVAN and RAPER JJ

Date of judgment: 7 August 2023

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

Legislation: Acts Interpretation Act 1901 (Cth) s 15AB Federal Court of Australia Act 1976 (Cth) s 25 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5, 31, 45, 46, 65, 338, 347, 376, 474, 476, 476A, 477, 478, 479, 486C, 494AB Migration Regulations 1994 (Cth) reg 2.02, 2.03, 4.02, 5.19, Sch 1 cl 1114C, Sch 2 cll 186, 186.111, 186.223, 186.233,187, 187.111, 187.233 Explanatory Memorandum, Migration Legislation Amendment (Judicial Review) Bill 2001 (Cth)