Kaur v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1547

Federal Court of Australia

Kaur v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1547 Appeal from: Kaur & Anor v Minister & Anor [2020] FCCA 3210

File number(s): VID 805 of 2020

Judgment of: DAVIES J

Date of judgment: 7 December 2021

Date of publication of reasons: 9 December 2021

Catchwords: MIGRATION – Training and Research visa – where first appellant must satisfy statutory criteria under cls 402.214 and 402.221 of the Migration Regulations 1994 (Cth) (Migration Regulations) – where delegate of the Minister (delegate) refused visa due to first appellant not meeting criteria under cl 402.214 of the Migration Regulations – where sponsor's application for nomination to satisfy cl 402.221 of the Migration Regulations made but separately refused by delegate – where no application for review of nomination decision or other nomination application pending at time of Administrative Appeals Tribunal (Tribunal) review proceeding – where the criteria for nomination approval repealed at the time of hearing – where statutory requirement for approval in nomination application in cl 402.221 could not be met in consequence – Tribunal affirmed delegate's decision on basis that cl 402.221 was not met and could not be met due to repealed legislation – no error of law – appeal dismissed

Legislation: Migration Regulations 1994 (Cth) sch 2 cls 402.221, 402.414 Migration Amendment (Temporary Activity Visas) Regulation 2016 (Cth) regs 2(1), 2.72I, sch 1 cls 47, 124

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights