Kuemmel (Migration)

The applicant, Mr Kuemmel, sought judicial review of a decision made by the Administrative Appeals Tribunal concerning his application for a Subclass 186 Employer Nomination (Permanent) (Class EN) visa. The Tribunal had previously approved the employer's nomination for the visa.

The primary legal issue before the court was whether the Tribunal had erred in its assessment of the applicant's eligibility for the Subclass 186 visa, specifically in relation to clause 186.233(3) of Schedule 2 to the Migration Regulations 1994.

The court found that the Tribunal had made a determination regarding the applicant meeting the criteria under clause 186.233(3). However, the court's decision indicates that the Tribunal's reconsideration of the application should proceed with the direction that the applicant meets this specific criterion. Consequently, the court remitted Mr Kuemmel’s Subclass 186 visa application to the Minister for consideration of any remaining criteria for the grant of the visa.