Catarcione v Minister for Immigration

In *Catarcione v Minister for Immigration*, the applicant sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) concerning a Regional Employer Nomination visa. The core of the dispute revolved around the validity of the visa application in circumstances where there was no approved nomination.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had committed a jurisdictional error in its assessment of the applicant's visa application. Specifically, the court was required to determine if the absence of an approved nomination, as a prerequisite for the visa, rendered the AAT's decision invalid.

Justice Kendall found that the Migration Act 1958 (Cth) and associated regulations clearly stipulated that an approved nomination was a mandatory requirement for the grant of a Regional Employer Nomination visa. As there was no evidence that such a nomination had been approved, the AAT could not have lawfully granted the visa. Consequently, the court held that the AAT had not made a jurisdictional error, as it correctly identified the absence of this essential element. The application for judicial review was therefore dismissed.