Harinsco Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Harinsco Pty Ltd (the applicant) sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed the refusal of a nomination application made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister). The nomination was for a position under the Direct Entry Employer Nomination stream.

The central legal issue before the court was whether the Tribunal had committed jurisdictional error in affirming the refusal of the nomination application. This refusal was based on the ground that the nominated position had ceased to exist after the applicant attempted to change its location following certification by a Regional Certifying Body.

Egan J found that the Regional Certifying Body's certification was specific to the position at the nominated location. The subsequent attempt by the applicant to alter the location of the position meant that the position under the nomination, as certified, no longer existed. Consequently, the Tribunal did not err in law by upholding the refusal of the nomination application on this basis.

The application for judicial review was dismissed.