Sadaqat (Migration)

The applicant, Sadaqat, sought judicial review of a decision by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm a decision not to approve a nomination under the Regional Employer Nomination (Permanent) (Class RN) visa subclass 187. The sponsor had withdrawn their application for review of the initial nomination refusal.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate erred in affirming the decision not to approve the nomination, particularly in light of the sponsor's withdrawal of their review application and the applicant's subsequent request for an extension of time to provide further information. The court also considered whether the delegate had adequately addressed the applicant's circumstances, including their recent travel outside Australia and the unavailability of the nominated position.

Her Honour Kate Millar found that the delegate had not erred in law. The court reasoned that once the sponsor withdrew their application for review, the initial decision not to approve the nomination stood. The delegate was therefore not obliged to consider further information or grant an extension of time in relation to a nomination that was no longer under active review by the sponsor. The delegate's decision to affirm the non-approval of the nomination was based on the available material and the procedural posture of the case.

The application for judicial review was dismissed.