Lokuwithana (Migration)

The Federal Circuit Court considered an appeal by the applicant, Lokuwithana, concerning a decision by the Migration Review Tribunal (MRT) in relation to a Temporary Business Entry (Class UC) visa, subclass 457. The central dispute revolved around whether the applicant was the subject of an approved nomination for the visa. The MRT had previously found that there was no evidence before it demonstrating an approved nomination.

The primary legal issue before the Federal Circuit Court was whether the MRT had committed a jurisdictional error in its previous decision. Specifically, the court had to determine if the MRT had jurisdiction to invite the applicant to a hearing when it lacked evidence of an approved nomination, and whether the Tribunal had relied on evidence obtained outside of its jurisdiction.

Justice Connolly found that the MRT had indeed made a jurisdictional error. The Tribunal's reliance on information obtained outside of its jurisdiction, without proper foundation or invitation to the applicant to respond, vitiated its decision-making process. The absence of evidence of an approved nomination at the time the MRT purported to exercise its jurisdiction meant that it lacked the power to proceed with the hearing and make a substantive decision.

Consequently, the Federal Circuit Court remitted the matter back to the Migration Review Tribunal for redetermination according to law.