GURSANGEET KAUR (Migration)

The applicant, Gursangeet Kaur, sought judicial review of a decision concerning her Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) – Temporary Residence Transition stream. The application involved a nomination for a cook position that had been approved by the Administrative Appeals Tribunal. The matter came before Susan Reece Jones J.

The central legal issue before the Court was whether the Administrative Appeals Tribunal had erred in its decision to approve the applicant's nomination for the Subclass 186 visa. This involved an examination of the Tribunal's assessment of the nomination against the relevant provisions of the *Migration Regulations 1994* (Cth) and the associated policy guidelines.

Her Honour considered the evidence and submissions presented, applying the principles of administrative law to the Tribunal's decision-making process. The Court's task was to determine if the Tribunal's conclusion that the nomination met the legislative requirements was legally sound. The Court found that the Tribunal's decision was affected by an error of law.

Consequently, the Court made orders remitting the matter back to the Administrative Appeals Tribunal to be heard and determined again according to law.