Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 562

Federal Court of Australia

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 562 Appeal from: Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 2125

File number: NSD 876 of 2021

Judgment of: BURLEY J

Date of judgment: 31 May 2023

Catchwords: MIGRATION – application for leave to appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the Minister to refuse to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) Subclass 187 visa – where visa application refused because the applicant did not have an approved nomination – application dismissed.

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 5(1), 31(1), 31(3), 65, 476 Federal Circuit Court Rules 2001 (Cth) rr 44.12, 44.12(1)(a) Migration Regulations 1994 (Cth) regs 2.01, 2.03(1), 5.19(1)–(4), Schedule 1 item 1114C, Schedule 2 cl 187.233

Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68; 241 FCR 30 AYB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 442 Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 655; (1991) 33 FCR 397 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Singh v Minister for Immigration. Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 2125