Ge (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning a Regional Employer Nomination (Permanent) visa application, Subclass 187, under the direct entry scheme. The nominated position was that of an accountant. The applicant sought review of the delegate's decision to refuse the nomination.

The primary legal issue before the Tribunal was whether the nominated position of accountant met the requirements of the relevant migration regulations, specifically concerning the applicant's qualifications and experience in relation to the nominated role. The Tribunal was required to determine if the delegate had erred in their assessment of the evidence presented.

In its reasoning, the Tribunal applied the principles of administrative review, considering the evidence before the original decision-maker and any new evidence presented. The Tribunal found that the delegate's decision was not supported by the evidence and that the nominated position did, in fact, meet the regulatory requirements. Consequently, the Tribunal set aside the delegate's decision and substituted it with a decision to approve the nomination.