Federal Court of Australia
Federal Court of Australia
Alam v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1214 Appeal from: Alam v Minister for Immigration & Anor [2020] FCCA 565
File number: NSD 228 of 2020
Judgment of: WIGNEY J
Date of judgment: 13 October 2022
Catchwords: MIGRATION – appellant's 457 visa application refused due to expiration of visa sponsorship – review of refusal decision dismissed by Administrative Appeals Tribunal for want of jurisdiction given refusal decision was not a "Part 5-reviewable decision" per s 338 of Migration Act 1958 (Cth) – application for review of AAT's decision dismissed by primary judge in Federal Circuit Court – consideration of criterion in s 338(2)(d) of Migration Act 1958 (Cth) requiring the appellant to be "sponsored by an approved sponsor" – appellant's sponsorship had expired – notice of appeal failed to identify any appealable ground of appeal – no submissions advanced on behalf of appellant – appeal dismissed with costs
Legislation: Migration Act 1958 (Cth) ss 140GB, 338, 338(2) Migration Regulations 1994 (Cth) reg 2.75(2), Sch 2
Cases cited: Ahmad v Minister for Immigration and Border Protection (2015) 237 FCR 365; [2015] FCAFC 182 Alam v Minister for Immigration & Anor [2020] FCCA 565
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 23
Date of hearing: 19 September 2022
Counsel for the Appellant: The appellant appeared via AVL
Solicitor for the Respondent: Ms N Johnson from Mills Oakley
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