LAWLESS (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) visa (Subclass 187). The applicant sought review of a decision concerning their eligibility for this visa subclass, specifically in circumstances where there was no approved standard business sponsor.

The central legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 187 visa, particularly in light of the absence of an approved standard business sponsor and the Tribunal's power to approve business sponsorship. The Tribunal was required to determine the applicant's compliance with clause 187.223 of Schedule 2 to the relevant Regulations.

The Tribunal reasoned that it had the authority to approve business sponsorship in this context. Having concluded that the applicant met the specified criteria, the Tribunal remitted the matter for reconsideration. The decision directed that the applicant be considered to meet the criteria for the Subclass 187 visa as set out in clause 187.223 of Schedule 2 to the Regulations.