Kaur v Minister for Immigration

In *Kaur v Minister for Immigration*, the applicant sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which had affirmed the refusal of her application for a training and research visa. The visa subclass had been abolished in 2016. The delegate of the Minister had initially found that the applicant was not a genuine entrant for a temporary stay in Australia, and importantly, the applicant's sponsor's application for approval of nomination had been refused. The sponsor did not seek review of this refusal decision.

The central legal issue before the court was whether the AAT had erred in law by deciding the applicant's review application on the basis that, at the time of the AAT's decision, there was no in-existence an approved nomination for the applicant's visa. The applicant contended that the AAT should have considered other grounds for review, or that the refusal of the nomination was not a fatal flaw to her application.

Justice Kelly found that the AAT had correctly determined that an approved nomination was a prerequisite for the grant of the visa in question. As the sponsor had not pursued review of the refusal of its nomination, and no other basis for the applicant's eligibility was established, the AAT was correct to conclude that the application could not succeed. The Tribunal's decision was not affected by error.

The application for judicial review was dismissed.