Luximon (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Luximon and his spouse for a Subclass 187 Regional Sponsored Migration Scheme visa. The dispute concerned the approval of the nomination for this visa, which had been subject to review. The decision was made by Member Jessica Henderson.

The primary legal issue before the Tribunal was whether the nomination for the Subclass 187 visa, specifically for the occupation of Mechanical Engineering Draftsperson, met the relevant criteria under the *Migration Regulations 1994* (Cth). The Tribunal was required to determine if the applicant satisfied the requirements of clause 187.233 of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable decision for the applicants 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 first applicant meets the criteria specified in clause 187.233 of Schedule 2 to the Regulations.