TABLE OF CONTENTS
The April 2017 Changes
Must Review Both Nomination and 457 Visa Refusal
Compliance and Integrity Issues
Other Recent Changes
Some Practice Decisions
Designated Area Migration Agreements
Review of the 457 Visa is now Complete
Not Passing on Migration Agent Costs
Types of Subclass for 457 Visas
Under s. 338(2)(d) a refusal of an onshore subclass 457 visa is MRT-reviewable only under these circumstances:
(d) where it is a criterion for the grant of the visa that the non‑citizen is sponsored by an approved sponsor, and the visa is a temporary visa of a kind (however described) prescribed for the purposes of this paragraph:
(i) the non‑citizen is sponsored by an approved sponsor at the time the application to review the decision to refuse to grant the visa is made; or
(ii) an application for review of a decision not to approve the sponsor has been made, but, at the time the application to review the decision to refuse to grant the visa is made, review of the sponsorship decision is pending.
This means that if there is a sponsorship refusal the sponsor must appeal as well.
Reg 4.02 states:
(4) For subsection 338(9) of the Act, each of the following decisions is a Part 5‑reviewable decision:
(a) a decision under subsection 140E(1) of the Act to refuse a person’s application for approval as a sponsor in relation to one or more classes of sponsor;
(d) a decision under subsection 140GB(2) of the Act to refuse to approve a nomination;
(h) a decision under section 140M of the Act to take 1 or more actions to cancel a sponsor’s approval or to bar a sponsor;
(l) a decision to refuse to grant a Subclass 457 (Temporary Work (Skilled)) visa to a non‑citizen if:
(i) the non‑citizen is outside Australia at the time of application; and
(ii) the non‑citizen was sponsored or nominated, as required by a criterion for the grant of the visa, by:
(A) an Australian citizen; or
(B) a company that operates in the migration zone; or
(C) a partnership that operates in the migration zone; or
(D) the holder of a permanent visa; or
(E) a New Zealand citizen who holds a special category visa;
(m) a decision under subregulation 1.20AA(2) to refuse to approve a person or an organisation as a sponsor of a temporary visa applicant;
(n) a decision under subsection 140GA(2) of the Act not to vary a term specified in an approval.
An issue that comes up for larger companies is meeting the training requirement. As discussed below in house training does count but only if formalized. This means there is a need for larger employers to have some key staff being qualified trainers and having undertaken a ‘train the trainer’ course which are readily available throughout Australia.