Hu v Minister for Immigration and Citizenship

The case of Hu v Minister for Immigration and Citizenship involved the Appellant challenging a decision of the Migration Review Tribunal (MRT) which had refused to grant him a visa. The dispute centred on the refusal of a nomination for occupational training, which was a prerequisite for the grant of the visa. The court had to determine whether the decision of the delegate to refuse the nomination was reviewable by the MRT. The Appellant argued that the decision to refuse the nomination was flawed and should have been reviewable by the MRT. However, the court found that the decision to refuse the nomination was not reviewable by the MRT as it was neither set forth in s 338 nor "prescribed" pursuant to s 338(9) at the relevant time. The court held that the decision to refuse the nomination was not reviewable and the MRT had no choice but to affirm the decision of the delegate to refuse the visa applications. The court ultimately concluded that the appeal was to be dismissed.

The court found that the appeal was without merit and dismissed it. The court noted that the provisions relevant to visas of the present kind had been amended, but these provisions could not be called in aid by the Appellant as they only applied to applications for visas made on or after 14 September 2009. The court held that the decision to refuse the nomination was not reviewable by the MRT and that the MRT had no choice but to affirm the decision of the delegate to refuse the visa applications. The court concluded that the appeal was to be dismissed. The court further held that the Appellant was to pay the costs of the First Respondent fixed in the sum of $1,804.