This episode of the Migration Show with Mark Northam and Monica Gruszka features a detailed breakdown (with commentary, of course) of the LCA Supplemental Submission re the govt inquiry into migration agents, AAT trouble regarding no-jurisdiction SBS refusals including commentary from Christopher Levingston, and the top ways that migration agents and immigration lawyers can improve their practices with our prize winner announced!
AAT SBS Refusal No-Jurisdiction Issue
Peter Bollard’s email address to subscribe to his Migration Newsletter: email@example.com
Christopher Levingston’s (firstname.lastname@example.org) suggested response to the AAT (customise per your client’s particulars):
I note the assertion that the relevant decision is not reviewable by reason of the failure of the Minister to consider the criterion at paragraph 2.59(f).
That failure enlivens a lack of jurisdiction on the part of the Tribunal by reason of a jurisdictional error visited upon the Applicant for review, I accept that the tribunal has no jurisdiction by reason of the jurisdictional error and the tribunal should claim “no jurisdiction” but in doing so particularise and identify the jurisdictional error.
The effect of that is to send the matter back to the Minister for remedy of the jurisdictional error and on that basis the decision is not and could not be a privative clause decision.
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