Foo (Migration)

This matter concerned an application for review of a decision by the Minister to refuse a nomination made under the Regional Employer Nomination (Permanent) (Class RN) visa, specifically the Subclass 187 Regional Sponsored Migration Scheme, Temporary Residence Transition stream. The applicant, Foo, sought judicial review of this refusal.

The primary legal issue before the Court was whether the decision to refuse the nomination was affected by jurisdictional error. This required the Court to consider the evidence provided by the applicant in support of the nomination and whether the decision-maker had properly considered that evidence in accordance with the relevant legislative provisions and principles of administrative law.

Justice McNamara found that the decision-maker had failed to properly consider certain evidence that had been provided by the applicant. Consequently, the Court determined that the decision to refuse the nomination was affected by jurisdictional error. The Court therefore remitted the matter to the Minister for redetermination according to law.