Federal Court of Australia
Federal Court of Australia James v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1201 Appeal from: James & Ors v Minister for Immigration and Anor [2020] FCCA 1888
File number: WAD 172 of 2020
Judgment of: BROMBERG J
Date of judgment: 12 October 2022
Catchwords: MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – whether nomination by sponsor under s 140GB of the Migration Act 1958 (Cth) which was expressed to be for a subclass 482 (Temporary Skill Shortage) visa was a nomination for the purpose of an application by the appellants for the now defunct subclass 457 (Temporary Work (Skilled)) visa – application of transitional provisions of Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018 (Cth) – appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 140AA, 140GB Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018 (Cth) item 6704(15) Migration Regulations 1994 (Cth) reg 2.75, cll 457.223, 457.224 of Sch 2
Cases cited: Carr v Western Australia (2007) 232 CLR 138
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 55
Date of hearing: 27 October 2021
Counsel for the Appellants: Mr M Guo
Solicitor for the Appellants: Estrin Saul Lawyers
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