Administrative law – Judicial review – Jurisdictional error – Where application for approval of nomination of individual for Subclass 482 (Skills in Demand) visa refused – Where refusal was based, amongst other things, on consideration of documents and information provided by plaintiff – Where delegate not satisfied that position associated with nominated occupation is genuine – Where application for constitutional or other writ is brought because no other tribunal or court has jurisdiction, respectively, to review or judicially review decision – Whether delegate of Minister constructively failed to exercise jurisdiction by refusing nomination application – Whether delegate's decision was legally unreasonable.
Words and phrases – "abuse of process", "business sponsor", "constitutional writs", "constructive failure to exercise jurisdiction", "delay", "jurisdictional error", "legally unreasonable", "nomination", "organisational chart", "original jurisdiction", "Skills in Demand", "unavailability of the usual court process".
Administrative Review Tribunal Act 2024 (Cth), ss 18(1), 295(1).
Administrative Review Tribunal Rules 2024 (Cth), r 6(3).
High Court Rules 2004 (Cth), r 25.02.
Migration Act 1958 (Cth), ss 140E, 140GB, 338(1), 338(9), 476, 476B.
Migration Regulations 1994 (Cth), regs 2.58(1)(a), 2.59, 4.02(4)(d), Div 2.17.