Saba Bros Tiling Pty Ltd v Minister for Immigration & Anor

Saba Bros Tiling Pty Ltd sought judicial review of a decision of the Migration Review Tribunal affirming the decision of a delegate of the Minister for Immigration and Citizenship that the applicant's nomination of a person for an appointment under the Employer Nomination Scheme not be approved. The Tribunal had purported to invite Saba Bros to comment on information which was the basis of the delegate's decision, namely that Saba Bros had been issued with a sanction notice which barred it from applying for approval as a sponsor for three months. The sanction had expired before the review application was lodged with the Tribunal. Saba Bros responded to the Tribunal's invitation to comment by noting the information and requesting an oral hearing. The Tribunal denied Saba Bros' request for a hearing on the basis that Saba Bros had not responded to the invitation to comment. The Tribunal affirmed the delegate's decision on the basis that Saba Bros had not made adequate provision for training. Saba Bros sought a writ of certiorari to quash the Tribunal's decision and a writ of mandamus to compel the Tribunal to redetermine the review application. The Federal Magistrate found that Saba Bros had responded to the Tribunal's invitation to comment and that the Tribunal had fallen into jurisdictional error in denying Saba Bros a hearing. The Federal Magistrate quashed the Tribunal's decision and ordered that the Tribunal redetermine the review application before it according to law.