A decision by Justice Street in Kandel
v Minister for Immigration [2015] FCCA 2013 the Federal Circuit
Court in Sydney last Friday has brought some resolution to the problems arising
from the Lee case. The Lee case resulted in the Migration Review Tribunal
(MRT) deciding it did not have jurisdiction to review a Subclass 457 visa application
refusal if an approved nomination was not in force when the review application
was lodged.
Justice Street’s decision is that the Administrative Appeals Tribunal (AAT) does have jurisdiction to
consider an application for review of a Subclass 457 visa refusal if there is
an application for a review or a nomination refusal that identifies the
applicant.
Further analysis on this case will be available
when it is published.
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