Lin (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa. The applicant, identified as Lin, sought review of a decision concerning their eligibility for this visa, which is a type of Regional Employer Nomination (Permanent) visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 187 visa, specifically in relation to clause 187.233(2) of Schedule 2 to the Migration Regulations 1994. This clause pertains to the requirements for the nominated position and the applicant's qualifications or experience.

The Tribunal, after considering the circumstances, determined that the applicant did meet the specified criteria. Consequently, the Tribunal remitted the application back to the Department for reconsideration, with a direction that the applicant satisfies clause 187.233(2). The Tribunal's decision was made by Member Andrew McLean Williams.