Song (Migration)

The applicant, Song, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Direct Entry stream. The visa application was for the occupation of Marketing Specialist, and the core of the dispute revolved around an approved nomination that was subsequently the subject of review. The matter came before the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in law when refusing to grant the applicant the Subclass 186 visa. This involved an examination of whether the delegate had properly considered all relevant factors and applied the correct legal principles in assessing the applicant's eligibility and the validity of the employer's nomination, particularly in light of the information available at the time of the decision.

The Court found that the delegate had failed to adequately consider certain aspects of the evidence presented, leading to an erroneous decision. Specifically, the delegate's assessment did not sufficiently address the applicant's qualifications and experience in relation to the nominated occupation, nor did it fully engage with the employer's justification for the nomination. Consequently, the Court determined that the decision under review was affected by jurisdictional error. The Court made orders remitting the matter to the delegate for redetermination according to law.