Australian Immigration Daily News

Suppose that a person applies for a 457 visa, and after the application is made, the employer withdraws the nomination of the applicant, and then the Department refuses the visa application.

Can the applicant then seek merits review of the refusal of the visa application before the Tribunal?

To put the question another way, if the nomination of the 457 visa applicant is withdrawn by the sponsoring employer, does the Tribunal have jurisdiction to hear an application for merits review, or not?

How strict is strict, and how inflexible is inflexible?

Do the Migration Regulations elevate form over substance?

When the Regulations provide that an application must be “accompanied” by certain supporting evidence, does that mean that the evidence must be lodged “with” or “at the same time” as the application?

Who is a dependent child for the purposes of Regulation 1.03?

Easy question, hard question, or question you would prefer not to think about?

Well, it was the determinative question in a case that was decided by the Federal Circuit Court on 1 August 2017, Sadat v Minister for Immigration & Anor (2017) FCCA 1748.

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