Employment Workplace Relations

Director, Philip Brewin is a specialist in Workplace Relations and heads our Workplace Relations Work Group.

Showing posts with label Ahmad's case. Show all posts
Showing posts with label Ahmad's case. Show all posts

Monday, 4 January 2016

Lee Case Overturned Clarifying Appeal Rights for 457 Refusals

As a result of the 2014 Lee case (Minister for Immigration and Border Protection v Lee [2014] FCCA 2881), the Administrative Appeals Tribunal (AAT) has had no jurisdiction to review 457 visa refusals unless there was an approved nomination at the date the appeal was lodged. This was a significant barrier to appealing refused 457s, particularly where the reason for refusal of the 457 was an issue with the nomination.   The Lee case has been overturned by the Full Federal court in Ahmad v Minister for Immigration and Border...