Song v Minister for Home Affairs

The applicant, Song, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) concerning an application for a Temporary Business Entry (Class UC) visa. The Minister for Home Affairs was the respondent. The core of the dispute revolved around whether the AAT had correctly determined that an approved nomination was in place at the time of the hearing before it.

The primary legal issue before the Federal Court was whether the AAT had made a jurisdictional error in its assessment of the visa application. Specifically, the court was required to consider whether the AAT erred in finding that there was no approved nomination for the visa at the time of the hearing, which was a prerequisite for the visa application to proceed.

Justice Street found that the applicant had not established an arguable case of jurisdictional error. The court's reasoning focused on the requirements for a valid nomination under the relevant migration regulations and the evidence before the AAT. The judge concluded that the AAT's finding regarding the absence of an approved nomination was open to it on the material before it, and therefore, no jurisdictional error had occurred. Consequently, the amended application for judicial review was dismissed.