Arafat v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1432

Federal Court of Australia

Arafat v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1432 Appeal from: Arafat v Minister for Home Affairs [2019] FCCA 3770

File number: NSD 8 of 2020

Judgment of: LEE J

Date of judgment: 26 November 2021

Catchwords: MIGRATION – Regional Employer Nomination visa application – where nomination by first appellant's employer withdrawn – relevant requirements for visa not met – where Administrative Appeals Tribunal affirmed decision of a Delegate of the Minister for Home Affairs not to grant the visas to the appellants – no error identified by the primary judge COSTS – leave to discontinue – whether r 36.73(4) of the Federal Court Rules 2011 (Cth) is determinative of the question of costs where discontinuance is sought at the hearing – broad discretion to awards costs – leave to discontinue with no order as to costs allowed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37N(1), 37N(4), 43 Federal Court Rules 2011 (Cth) rr 36.73(1)(b)(i), 36.73(4) Migration Act 1958 (Cth) s 65 Migration Regulations 1994 (Cth) cll 187.311, 187.233 of Sch 2

Cases cited: Arafat v Minister for Home Affairs [2019] FCCA 3770 Cetinkaya v Official Trustee in Bankruptcy [2012] FCA 611 Christodoulou v Disney Enterprises Inc [2006] FCA 902 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Lababidi v Secretary, Department of Employment and Workplace Relations [2007] FCA 1568 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72