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Kumar v Minister for Immigration and Citizenship - Subclass 187 Visa Appeal Dismissed

The Federal Court of Australia dismissed an appeal by three Indian nationals (Sanjeeev Kumar, Neelam Rani, and Anika Choudhary) seeking judicial review of decisions refusing subclass 187 (Regional Employer Nomination) visas. The appellants failed to satisfy clause 187.233 of Schedule 2 to the Migration Regulations 1994 because the employer sponsor had withdrawn its nomination application, meaning no valid nomination existed. The Court ordered the first and second appellants to pay the respondent's costs fixed at $5,000.

Feng v Minister for Immigration and Citizenship — PIC 4020 False Information Appeal Allowed

The Federal Court of Australia allowed an appeal by Chiu-He Feng against a decision of the Administrative Appeals Tribunal concerning Public Interest Criterion 4020 (PIC 4020). The Court found the Tribunal had erred in its construction of PIC 4020, which requires that information be 'purposely untrue' and that 'an element of fraud or deception' is necessary — not merely indifference to accuracy. The Tribunal's decision of 26 November 2020 is quashed and the matter remitted to the Administrative Review Tribunal for determination according to law. The Minister for Immigration and Citizenship is ordered to pay costs.

AOR24 v Minister for Immigration and Citizenship - Protection Visa Appeal Dismissed

The Federal Court of Australia dismissed an appeal by AOR24 challenging the rejection of his protection visa application. The appellant, a Filipino citizen who overstayed his visitor visa since 2004, claimed he witnessed a political killing and faced revenge risk. The Court upheld the Administrative Appeals Tribunal's finding that the appellant did not satisfy the refugee criterion under s 36(2)(a) nor the complementary protection criterion under s 36(2)(aa) of the Migration Act 1958. Costs of $5,000 were awarded to the first respondent.