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The following information is provided by the 457 and Sponsor Monitoring Policy Section.
Dear Registered Migration Agent
As a result of the judgement in Minister for Immigration and Border Protection v Lee and Ors 2014 FCCA 2881, there is now case law that determines how s338(2)(d) and regulation 4.02(1AA) operate in relation to an application for a subclass 457 visa.
A subclass 457 visa application refusal decision is now only reviewable if:
· there is an approved nomination that has not ceased at the time of lodging the application for review; or
· there is an application to review the decision not to approve the sponsor (i.e. the sponsorship application was refused) that is pending at the time of lodging the application for review.
The guidance in PAM3 will be updated at the next available opportunity.
Any queries about the information provided above can be directed to the enquiry and feedback form on the Agents Gateway: http://www.immi.gov.au/gateways/agents/contact/feedback/ .
Regards,
457 and Sponsor Monitoring Policy Section
Department of Immigration and Border Protection
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