Oakwood Sydney Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 944

Federal Court of Australia

Oakwood Sydney Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 944 Appeal from: Oakwood Sydney Pty Ltd v Minister For Immigration & Anor and Goo & Ors v Minister For Immigration & Anor [2020] FCCA 2354

File numbers: NSD 1046 of 2020 NSD 1047 of 2020

Judgment of: MARKOVIC J

Date of judgment: 13 August 2021

Catchwords: MIGRATION – appeals from decisions of Federal Circuit Court of Australia dismissing applications for review of decisions of the Administrative Appeals Tribunal (Tribunal) affirming decisions of delegate of first respondent refusing nomination of Seoungjin Goo for a position and refusing grant of employer nomination (permanent) visas – where appeal in relation to employer nomination (permanent) visa applications entirely dependent on determination of appeal in relation to nomination refusal – where letter provided by appellant to Tribunal which referred to but inadvertently omitted to attach a document – where Tribunal made no further inquiry about the missing document – whether Tribunal fell into jurisdictional error by failing to make an obvious inquiry about a critical fact – where omitted document could have established critical facts on which Oakwood Sydney Pty Ltd relied – whether error material to Tribunal's decision – where Tribunal found an independent basis to dismiss applicant's review application – where no realistic possibility that Tribunal's decision could have been different – appeals dismissed

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