Ramandeep v Minister for Immigration

Ramandeep (the applicant) sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) concerning a Regional Employer Nomination (subclass 187) visa. The Minister for Immigration (the respondent) was the opposing party. The core of the dispute revolved around the withdrawal of a nomination that had been made in support of the applicant's visa application.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had committed a jurisdictional error in its determination. Specifically, the court was required to consider the legal consequences of a nomination being withdrawn and whether such a withdrawal vitiated the AAT's ability to proceed with or make a favourable decision on the visa application.

Justice Kendall found that the withdrawal of the nomination did not constitute a jurisdictional error. The court reasoned that the nomination is a prerequisite for the visa application to be validly made and considered. Once withdrawn, the basis for the visa application ceased to exist, meaning there was no substantive matter for the AAT to determine in relation to the visa itself. Consequently, the applicant's application for judicial review was dismissed.