Dhiver (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Dhiver concerning a Regional Employer Nomination (Permanent) (Class RN) visa, specifically the Subclass 187 Regional Sponsored Migration Scheme visa under the Direct Entry stream. The applicant sought review of a decision relating to the approval of a nomination for the position of Conference and Event Organiser. The core of the dispute revolved around the applicant's compliance with requirements for police clearance certificates and English language proficiency, as well as the assessment of their qualifications and extensive work experience.

The Tribunal was tasked with determining whether the applicant had satisfied the relevant criteria for the visa, particularly concerning the adequacy of their police clearances and their demonstrated English language proficiency. Furthermore, the AAT had to assess whether the applicant's stated qualifications and extensive work experience were sufficient to meet the requirements for the nominated occupation, and if the initial decision to refuse the nomination was affected by an error.

In its reasoning, the Tribunal acknowledged that the nomination had been approved upon review, but that further assessment was required regarding the applicant's compliance with specific visa conditions. The AAT applied principles of administrative law, focusing on the evidential requirements for visa applications and the standard of proof expected from applicants. The Tribunal found that the initial decision-maker had not adequately considered all the evidence presented by the applicant, particularly in relation to their qualifications and work experience, and that there were deficiencies in the assessment of the police clearance certificates. Consequently, the Tribunal determined that the decision under review was affected by an error of law and fact.

The Tribunal remitted the matter to the delegate of the Minister for Immigration and Border Protection for a fresh decision according to law, with directions to consider all the evidence and make a new determination on the nomination.