application for leave to appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application to review a decision of a Registrar of that court
Registrar’s decision to summarily dismiss application for judicial review of a decision of the former Administrative Appeals Tribunal
Tribunal affirmed refusal of regional employer sponsored visa
Quick Take
1A Registrar's summary dismissal of a judicial review application is interlocutory, so review of it by a FCFCOA judge is also interlocutory, and an appeal to the Federal Court requires leave under s 24(1A) of the Federal Court of Australia Act 1976 (Cth).
2Under cl 187.233 of Sch 2 to the Migration Regulations 1994 (Cth), a subclass 187 visa cannot be granted unless the original employer nomination accompanying the application has been approved. It is irrelevant that the visa applicant did everything required and was not at fault for the nomination's refusal, and a later nomination by a different employer cannot satisfy the criterion.
3Where the Tribunal made the only decision legally open to it, no substantial injustice results from refusing leave to appeal, because remittal would inevitably produce the same result; a court may fix costs in a lump sum below the Sch 3 scale amounts where reasonable and proportionate, and the paying party's financial capacity is irrelevant to whether costs are awarded.
