Becerra Hermosilla (Migration)

Case

[2019] AATA 3181

23 July 2019


Details
AGLC Case Decision Date
Becerra Hermosilla (Migration) [2019] AATA 3181 [2019] AATA 3181 23 July 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered a dispute concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically the Direct Entry stream, for an applicant whose occupation was Interior Decorator. The applicant's employer, House of Drapes Pty Ltd, had lodged a nomination application which was the subject of the Tribunal's review.

The primary legal issue before the Tribunal was whether the nomination application, in light of additional evidence provided by the employer, met the requirements of the *Migration Regulations 1994* (Cth), specifically clause 187.233(2) of Schedule 2. This clause relates to the criteria for an approved nomination for this visa subclass.

The Tribunal determined that the additional evidence lodged by House of Drapes Pty Ltd was sufficient to satisfy the requirements of clause 187.233(2). Consequently, the Tribunal found that the first-named applicant was now able to meet the necessary criteria for the Subclass 187 visa.

In light of this determination, the Tribunal remitted the application to the Department for reconsideration, with the specific direction that the first-named applicant meets the criteria under clause 187.233(2) of Schedule 2 to the Regulations.
Details

Areas of Law

  • Immigration

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Remedies

  • Procedural Fairness

  • Statutory Construction

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