Kaur v Minister for Immigration

Kaur (the applicant) sought judicial review of a decision by the Migration Review Tribunal (MRT) which affirmed the Minister for Immigration's refusal to grant her an Employer Nomination (Residence) (Class BW) visa. The applicant had lodged her visa application under clause 856.213 of the Migration Regulations 1994 (Cth).

The central legal issue before the Federal Court was whether the applicant was permitted to substitute a new nominating employer after the time of her visa application, or if the nominating employer was fixed at the point of application.

Justice Burnett reasoned that the language of clause 856.213, particularly the requirement for the applicant to have been nominated by an employer at the time of application, indicated that the election of the nominating employer was restricted to the time the visa application was lodged. The Court found that the applicant's attempt to substitute a new employer after this point was not permissible under the regulations. Consequently, the application for judicial review was dismissed.