Cunningham (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa, specifically for the occupation of Secondary School Teacher. The applicants sought review of a decision concerning the genuineness of the offered position.

The primary legal issue before the Tribunal was whether the nominated position was genuine, as required for the visa application. The Tribunal also had to determine if the applicants met the criteria for the subclass 494 visa, as set out in cl 494.213 of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable decision for the applicants based on the existing material, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant meets the specified visa criteria.