Aldabalde Cufre (Migration)

Case

[2018] AATA 2038

13 April 2018


Details
AGLC Case Decision Date
Aldabalde Cufre (Migration) [2018] AATA 2038 [2018] AATA 2038 13 April 2018

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered a decision concerning a Regional Employer Nomination (Permanent) (Subclass 187) visa application, specifically the Direct Entry Nomination stream. The applicant, Mr Pablo Nicolas Aldabalde Cufre, had his employer's nomination approved by the Tribunal. The dispute centred on whether the applicant met certain criteria for the visa.

The primary legal issue before the Tribunal was to determine if the applicant met the requirements of clause 187.233(3) of Schedule 2 of the Migration Regulations. This clause relates to the criteria for a Subclass 187 visa.

The Tribunal found that the applicant did meet clause 187.233(3) of Schedule 2 to the Regulations. Having made this finding, the Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the applicant met the specified criterion.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Remedies

  • Judicial Review

  • Procedural Fairness

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