Please be aware that the Subclass 457 Temporary Work (Skilled) visa has been replaced with a new Subclass 482 Skill Shortage (TSS) visa as of the 18th March 2018. You can read more about these changes in our articles on the abolishment and replacement of the Subclass 457 visa and Subclass 482 – A Guide to Temporary Skills Shortage.
The Full Federal Court of Australia has finally reversed the decision of the Federal Circuit Court in Lee & Ors  FCCA 2881.
Prior to this decision, 457 applicants were unable to seek merits review at the Administrative Appeals Tribunal as the Tribunal claimed it did not have jurisdiction. This was never the case as the proper construction of the relevant provisions in the Migration Act are clear that merits review should be available provided any nomination and/or sponsorship application is either approved or under review.
This correct decision by the FCA now restores the rights of 457 visa applicants to merits review at the Administrative Appeals Tribunal.
If you have had a 457 visa, nomination or sponsorship application refused, contact us to determine your next steps.