Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cargo First Pty Ltd v Minister for Immigration and Border Protection [2016] FCA 30 Appeal from: Cargo First Pty Ltd v Minister for Immigration and Border Protection [2015] FCCA 2091; (2015) 298 FLR 138
File number: NSD 1008 of 2015
Judge: FLICK J
Date of judgment: 3 February 2016
Catchwords: MIGRATION – occupations nominated by Minister – application for a 457 visa – certification by sponsor that tasks of the position include significant majority of tasks of nominated position – certification of sponsor not conclusive – power of Minister to consider whether position is genuine PRACTICE AND PROCEDURE – leave to amend to raise a new argument – leave refused – proposed ground without apparent merit
Legislation: Migration Act 1958 (Cth), ss 140GB, 140GB(1), 140GB(2) Migration Regulations 1994 (Cth), regs 2.72, 2.72(10), 2.72(10)(e), 2.72(10)(f)
Cases cited: Cargo First Pty Ltd v Minister for Immigration & Anor [2015] FCCA 2091, (2015) 298 FLR 138 Minister for Immigration and Citizenship v Kamruzzaman [2009] FCA 1562, (2009) 112 ALD 550 SZSLM v Minister for Immigration and Border Protection [2015] FCAFC 164
Date of hearing: 19 November 2015
Date of last submissions: 26 November 2015
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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