Kavita Kumari (Migration)

The applicant, Kavita Kumari, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of her Subclass 187 (Regional Sponsored Migration Scheme) visa application under the Direct Entry stream. The applicant had been nominated by a regional employer for the position of Cook.

The primary legal issue before the Federal Circuit Court was whether the Tribunal had erred in law by failing to provide the applicant with a reasonable opportunity to respond to a request for further information under section 359A of the *Migration Act 1958* (Cth) before affirming the delegate's decision to refuse the visa.

The Court found that the Tribunal had indeed erred. It reasoned that section 359A requires the Tribunal to notify the applicant of the information it proposes to use in making its decision and to provide a reasonable opportunity for the applicant to respond. In this instance, the Tribunal had sent a letter to the applicant's registered migration agent, but the agent had ceased to act for the applicant prior to the letter being sent. The Tribunal did not take reasonable steps to ascertain the applicant's current contact details or to ensure she received the notice. Consequently, the applicant was denied a proper opportunity to address the concerns that led to the affirmation of the visa refusal.

The Court set aside the AAT's decision and remitted the matter to the Tribunal to be heard and determined according to law.