Standing to apply for review of a decision to refuse to approve as a specialist entry visa sponsor
18 September 2008 (with effect from 9 August 2008) Legislation Change
Client summary
From 9 August 2008, the Migration Regulations 1994 (‘the Regulations’) are amended to provide for persons and organisations who the Minister refused to approve as a sponsor under subregulation 1.20AA(2) in Division 1.4 of Part 1 of the Regulations to be eligible to apply to the Migration Review Tribunal (‘MRT’) to have that decision reviewed.
Affected legislation
The following provisions of the Regulations are amended:
Regulation 4.02 in Division 4.1 of Part 4 of the Regulations.
Additional information:
On 9 August 2008 Schedule 3 to the Migration Amendment Regulations 2008 (No. 3) (Select Legislative Instrument No. 166 of 2008) inserted new paragraph 4.02(4)(m) in the Regulations to prescribe a decision made under subregulation 1.20AA(2) as a MRT-reviewable decision for the purposes of subsection 338(9) of the Act. To ensure that the right to apply to the MRT to access this review right comes into effect at the same time as the right to review by the MRT was created, this amendment applies retrospectively on and from 9 August 2008.
The effect of this amendment is to give those persons and organisations whom the Minister has refused to approve as a sponsor under subsection 1.20AA(2), standing to apply to the MRT to seek review of that decision. This right to apply for review is taken to be in effect in relation to all decisions made under subsection 1.20AA(2) on or after 9 August 2008.
Transitional provisions:
These amendments apply retrospectively to decisions, relating to sponsorship, made on or after 9 August 2008.
Forms: NIL
Instructions: NIL