Must Review Both Nomination and 457 Visa Refusal

 
 

In Dyankov v Minister for Immigration and Border Protection [2017] FCAFC 81, the Full Federal Court that the failure to review BOTH the nomination refusal and the 457 visa refusal meant that the tribunal had not jurisdiction to review the subclass 457 refusal.

Some practitioners have managed to get Immigration to link up a separate and second nomination to an existing subclass 457 visa application when the first nomination has been refused. The answered question in Dyankov is would that have made a difference. Safety first though, appeal both the nomination and visa refusal to the tribunal