Saini v Minister for Immigration

The applicant, Mr Saini, sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) concerning his application for a Subclass 187 (Regional Sponsored Migration Scheme) visa. The Minister for Immigration was the respondent. The core of the dispute revolved around the withdrawal of the employer nomination that underpinned Mr Saini's visa application.

The primary legal issue before the Federal Court was whether the AAT had committed a jurisdictional error in its decision-making process. Specifically, the court was required to consider the implications of the employer's withdrawal of its nomination for the visa application and whether the AAT was bound by that withdrawal or had the power to proceed with the application in its absence.

Justice Kendall found that the AAT had not made a jurisdictional error. The court reasoned that the employer nomination was a fundamental prerequisite for the Subclass 187 visa application. Once the nomination was validly withdrawn by the employer, the basis for Mr Saini's visa application ceased to exist. The AAT was therefore correct in concluding that it could not proceed with the application without a valid nomination. The court applied the principle that a visa application is dependent on the underlying nomination, and the withdrawal of the nomination extinguishes the eligibility for the visa.

Consequently, the application for judicial review was dismissed.