In December 2014, the Federal Circuit Court in Minister for Immigration and Border Protection v Lee and Ors [2014] FCCA 2881 clarified that 457 visa applicants can only access the MRT review process where there is either an approved and current nomination or a review has been lodged of a refused nomination.

This means that, where a nomination has been refused and the employer has not reviewed it, the 457 visa applicant cannot apply for a review. If holding a bridging visa, this means that the 457 applicant must leave Australia within 28 days.

Gone are the days, therefore, of using the MRT to ‘buy time’ where there is no prospect of a positive outcome on a nomination or where an employer is unwilling to apply for the review.

Ensure that your nomination has strong prospects of success with the Department of Immigration by obtaining advice from a registered migration professional before proceeding to lodgement.