Salh v Minister for Immigration and Border Protection [2020] FCA 349

FEDERAL COURT OF AUSTRALIA

Salh v Minister for Immigration and Border Protection [2020] FCA 349 Appeal from: Salh & Anor v Minister for Immigration & Anor [2019] FCCA 2096

File number: NSD 1361 of 2019

Judge: MURPHY J

Date of judgment: 18 March 2020

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court which dismissed application for review of a decision by the Migration Review Tribunal to affirm a decision to not grant the appellants Temporary Business Entry (457) visas – where the Tribunal was not satisfied that the first appellant has the skills, qualifications and employment background necessary to perform the tasks of the nominated occupation – whether the Tribunal denied the appellants natural justice, failed to accord them procedural fairness, or acted in a way that was legally unreasonable – appeal dismissed

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; (2014) 309 ALR 67 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Minister for Immigration v SZMDS [2010] HCA 16; (2010) 240 CLR 611 NAJT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 389; (2001) 109 FCR 152 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 235 ALR 609 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46; (2009) 174 FCR 415