Namekawa (Migration)

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) regarding Ms Namekawa's Subclass 186 (Employer Nomination Scheme) visa application, specifically within the Temporary Residence Transition stream. The AAT had previously approved the nomination lodged by Ms Namekawa's employer for the position of restaurant manager. The decision under review was made by the AAT.

The primary legal issue before the court was whether the AAT had erred in its determination concerning the visa application. Specifically, the court was required to consider the implications of the AAT's finding that the applicant met certain criteria for the Subclass 186 visa, and what the appropriate course of action should be following this finding.

The court, presided over by Member Katie Malyon, determined that the appropriate course of action was to remit Ms Namekawa's visa application back to the Minister for further consideration of any remaining criteria for the grant of the visa. The Tribunal remitted the application for reconsideration with a specific direction that the applicant meets the criteria outlined in cl.186.223(2) of Schedule 2 to the Regulations.