Juliana Kanu t/a Momoa Interior Home Services v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1782

Federal Court of Australia

Juliana Kanu t/a Momoa Interior Home Services v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1782 Appeal from: Kanu v Minister for Immigration & Anor [2020] FCCA 398

File number: NSD 342 of 2020

Judgment of: LOGAN J

Date of judgment: 4 September 2020

Catchwords: MIGRATION – appeal against a decision of the Federal Circuit Court of Australia (Federal Circuit Court) – where Minister's delegate was not satisfied that the position associated with the nominated occupation was genuine – where Tribunal affirmed the Minister's delegate's decision – where Federal Circuit Court dismissed the appellant's judicial review application of the Tribunal's decision – whether the Tribunal misconstrued the criteria for the approval of a nomination – whether the Tribunal failed to give weight to the appellant's evidence – whether the Tribunal failed to carry out the task required by reg 2.72(10)(f) of the Migration Regulations 1994 (Cth)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Migration Act 1958 (Cth) s 140GB Migration Regulations 1994 (Cth) regs 2.72, 2.73

Cases cited: Cargo First Pty Ltd v Minister for Immigration and Border Protection (2015) 298 FLR 138 Cargo First Pty Ltd v Minister for Immigration and Border Protection (2016) 242 FCR 87 Juliana Kanu T/A Momoa Interior Services v Minister for Immigration & Anor [2020] FCCA 398 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Pasricha v Minister for Immigration and Border Protection [2017] FCA 779 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152