Mylett (Migration)

The applicant, Mylett, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his Subclass 856 (Employer Nomination Scheme) visa. The dispute centred on whether the applicant had performed the duties and responsibilities of the nominated occupation, and whether he had been paid at the rate for that occupation, as required by the *Migration Regulations 1994* (Cth).

The primary legal issue before the Federal Court was whether the delegate of the Minister had erred in finding that the applicant had failed to satisfy the requirements of the visa. Specifically, the court had to determine if the delegate had properly considered the evidence regarding the applicant's actual duties and remuneration in relation to the nominated occupation.

Justice Sanderson found that the delegate had failed to adequately consider the evidence presented by the applicant concerning his role and pay. The delegate's decision was based on a narrow interpretation of the applicant's responsibilities and a failure to properly assess the remuneration against the award rate for the nominated occupation. The court held that the delegate had not properly applied the relevant legislative provisions, particularly concerning the assessment of whether the applicant had been paid at the rate for the nominated occupation.

The application for judicial review was granted, and the decision of the delegate was set aside. The matter was remitted to the Minister for redetermination according to law.