Kendall (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled Independent (Permanent) (Class SI) visa, Subclass 189 (Skilled – Independent) – New Zealand Stream. The applicant sought review of a decision concerning their visa application, which was made before the commencement of new amendments on 10 December 2022.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 189 visa, specifically in light of the recent legislative changes. The Tribunal was required to determine the applicant's eligibility under the applicable provisions of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable conclusion for the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in cl 189.231B and cl 189.231A(a) of Schedule 2 to the Regulations.