Garcia Gomez (Migration)

The applicant, Mr Garcia Gomez, sought review of a decision by the Minister to refuse his application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, under the direct entry stream. The visa application was predicated on an approved position nomination for a housekeeping manager. The decision under review concerned the refusal of this nomination application.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the Minister's decision to refuse the nomination application was affected by an error of law. This required the court to consider the applicant's qualifications, experience, and work performed in the nominated position, as well as the status of other members of his family unit in relation to the application.

Her Honour Judge Julian-Armitage found that the delegate's decision contained an error of law. The delegate had failed to properly consider the evidence presented regarding the applicant's qualifications and experience, and had also made an error in assessing the applicant's work in the nominated position. Consequently, the court set aside the delegate's decision and remitted the matter to the Minister for reconsideration according to law.