Sandhu (Migration)

The applicant, Sandhu, sought judicial review of a decision made by the delegate of the Minister for Immigration and Border Protection concerning a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The dispute centred on the approval of a nomination for a position as a cook, which was a prerequisite for the visa application.

The primary legal issue before the Federal Circuit Court was whether the delegate had erred in law by failing to properly consider the evidence provided by the applicant regarding the proposed employment. Specifically, the court was required to determine if the delegate had adequately assessed the genuineness of the employment position and the applicant's suitability for it, as required by the relevant migration regulations.

Justice Mendes Da Costa found that the delegate's decision-making process was flawed. The delegate had not sufficiently engaged with the evidence presented by the applicant, which included details about the business operations and the proposed role. The court held that a proper assessment required more than a superficial review; it necessitated a thorough consideration of all material before the delegate to ensure the nomination met the legislative criteria. Consequently, the court quashed the delegate's decision and remitted the matter back to the Minister for redetermination according to law.