APOSTOL (Migration)

The applicant, Apostol, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for a Regional Employer Nomination (Permanent) visa (subclass 187). The visa application was based on a nomination made by an employer under the Regional Sponsored Migration Scheme.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the nomination lodged by the employer was valid, specifically whether it was "not subject of an approved nomination" as required by the *Migration Regulations 1994* (Cth). The applicant contended that the nomination was valid, and therefore the visa application should not have been refused on that basis.

Her Honour Judge Murphy found that the nomination was not valid because it had not been approved by the Minister. The Court applied the principles of administrative law, emphasizing that statutory requirements must be strictly adhered to. As the nomination was a prerequisite for the visa application, and that prerequisite had not been met, the Minister was entitled to refuse the visa. The Court therefore dismissed the application for judicial review.