Hun (Migration)

The applicant, Hun, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), under the direct entry stream. The application concerned a position as a restaurant manager. The primary court had previously set aside a refusal of the related position nomination application and remitted it for reconsideration.

The central legal issue before the court was whether the applicant had satisfied the requirements for the Subclass 186 visa, specifically concerning the nominated position and the applicant's qualifications and experience. The court was required to determine if the delegate's decision to refuse the visa application was affected by an error of law.

The court considered the delegate's assessment of the nominated position and the applicant's suitability. It analysed the evidence presented in relation to the applicant's employment history and qualifications against the criteria stipulated in the *Migration Regulations 1994* (Cth) and relevant ministerial directions. The court found that the delegate had failed to properly consider certain aspects of the applicant's submitted documentation and had made an error in assessing the applicant's compliance with the visa requirements.

Consequently, the court set aside the delegate's decision to refuse the visa application and remitted the matter to the Minister for reconsideration according to law.