Singh v Minister for Immigration

In *Singh v Minister for Immigration*, the applicant sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT). The AAT had affirmed the Minister's decision to refuse the applicant's application for a Regional Employer Nomination visa. The central issue before the court was whether the AAT's decision involved a jurisdictional error.

The court was required to determine whether the AAT had made a jurisdictional error in its assessment of the applicant's eligibility for the visa. Specifically, the court considered whether the absence of an approved nomination at the time of the AAT's decision vitiated the Tribunal's findings and rendered its decision legally flawed.

Justice Kendall found that the applicant did not have an approved nomination for the visa at the relevant time. The court reasoned that the legislative framework for the Regional Employer Nomination visa requires an approved nomination as a prerequisite for the visa application to be validly considered. As this fundamental requirement was not met, the AAT did not err in law by affirming the refusal of the visa. Consequently, the application for judicial review was dismissed.