Amandeep Kaur (Migration)

This matter concerned an application for a Skilled Nominated (Permanent) (Class SN) visa, Subclass 190, by Amandeep Kaur. The dispute arose from a decision by the Australian Nursing and Midwifery Accreditation Council (ANMAC) regarding Ms Kaur's skills assessment, which was subsequently reviewed by the Administrative Appeals Tribunal. The decision under review was made by Member Antonio Dronjic.

The primary legal issue before the Tribunal was whether Ms Kaur met the criteria for the Subclass 190 visa, specifically in relation to her skills assessment as a Registered Nurse. The Tribunal was required to determine if the material before it was sufficient to make a finding in favour of the applicant without the need for a hearing.

Member Dronjic reasoned that a hearing was not necessary, as the Tribunal could find in favour of the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the first named applicant, Amandeep Kaur, meets the criteria specified in clause 190.212(1) of Schedule 2 to the Migration Regulations 1994 (Cth).