Ho (Migration)

The applicant, Ho, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream for a Retail Buyer position. The Minister's delegate had refused to grant the visa.

The primary legal issue before the Federal Circuit Court was whether the delegate had erred in law when assessing the applicant's eligibility for the visa, particularly in relation to the employer's nomination and the applicant's qualifications and experience for the nominated occupation. The court was required to determine if the delegate had properly considered all relevant factors and applied the correct legal tests under the *Migration Regulations 1994* (Cth).

The court found that the delegate had made an error of law by failing to adequately consider the evidence provided by the applicant regarding their qualifications and the employer's business operations. Specifically, the delegate had overlooked crucial aspects of the applicant's employment history and the nature of the Retail Buyer role as presented by the employer. Consequently, the delegate's decision was found to be unreasonable and not supported by the evidence. The court ordered that the decision under review be remitted to the Minister for reconsideration according to law.