Dookhy (Migration)

The applicant, Mr Dookhy, sought judicial review of a decision by the Minister for Immigration and Border Protection to refuse his application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, under the Direct Entry stream. The nomination related to a position as a Restaurant Manager. The Administrative Appeals Tribunal had previously affirmed the refusal of the visa.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the Tribunal had erred in law by failing to adequately consider the applicant's submission that the nominated position remained available to him, despite the passage of time since the initial application and the Tribunal's decision. The court also considered whether the Tribunal had properly applied the relevant legislative provisions concerning the availability of the nominated position at the time of the decision.

The court found that the Tribunal had failed to properly engage with the evidence and submissions regarding the continued availability of the position. It was held that the Tribunal's reasoning did not demonstrate a proper understanding of the requirement to assess the availability of the nominated position at the time of the Tribunal's own decision, rather than solely at the time of the original visa application. The court applied the principles of administrative law, emphasizing the need for tribunals to provide adequate reasons for their decisions and to consider all relevant evidence.

Consequently, the court quashed the Tribunal's decision and remitted the matter to the Tribunal for redetermination according to law.