Cortez (Migration)

The applicant, Cortez, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning his application for a Skilled Nominated (Permanent) visa (Subclass 190). The visa application was based on his nominated occupation as a Registered Nurse (Surgical). The decision under review was remitted by the court.

The primary legal issue before the court was whether the delegate of the Minister had erred in assessing the applicant's points claim for the Skilled Nominated visa. Specifically, the court was required to determine if the delegate had correctly applied the relevant criteria under the *Migration Regulations 1994* (Cth) and associated policy guidelines in evaluating the applicant's qualifications and experience for the purpose of awarding points.

The court's reasoning focused on the interpretation and application of the points test requirements for the Skilled Nominated visa. It was found that the delegate had failed to properly consider certain documentary evidence provided by the applicant in relation to his overseas work experience, which was crucial for the points assessment. The court applied the principles of administrative law, including the requirement for a decision-maker to undertake a proper, genuine, and logical assessment of the evidence before them. The delegate's assessment was found to be flawed because it did not adequately address the applicant's submissions regarding the comparability of his overseas role to the nominated occupation.

Consequently, the court remitted the matter to the Minister for redetermination according to law.