A decision by Justice Street in Kandel v Minister for Immigration  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 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 AAT has 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 and commentary on this case will be available when it is published.
Source:MIA 10 Aug 2015