Akhmedov (Migration)

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs regarding a Training and Research (Class GC) visa, Subclass 402, Occupational Trainee stream. The applicant, Mr Akhmedov, sought to challenge the Minister's refusal to refer his case for a ministerial intervention. The decision was made by Mercer J in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the Minister had erred in refusing to exercise the non-compellable power of intervention under s 48B of the *Migration Act 1958* (Cth). This required consideration of whether there was sufficient information before the Minister to justify such a referral, particularly in light of the fact that the nominating organisation was no longer an approved sponsor and the visa subclass had been closed to new applications.

Mercer J found that the Minister's decision not to refer the matter for intervention was not unreasonable. Her Honour noted that the applicant's nominated occupation was no longer listed on the relevant skilled occupation lists, and the nominating organisation had ceased to be an approved sponsor. Furthermore, the visa subclass itself had been closed to new applications. In these circumstances, the Court concluded that there was insufficient information to justify a referral for ministerial intervention, as the applicant did not present a compelling case for exceptional consideration outside the usual migration program.

The application for review was therefore dismissed.