OWUSU (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Skilled Independent (Permanent) (Class SI) visa, Subclass 189 (Skilled – Independent) – New Zealand Stream. The applicant sought review of a decision concerning their visa application, which was made before the commencement of new amendments on 10 December 2022.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 189 visa, particularly in light of the amendments that applied to their application. The Tribunal was required to determine if the applicant satisfied the relevant clauses of Schedule 2 to the Regulations, specifically cl 189.231B and cl 189.231A(a).

The Tribunal determined that a hearing was not necessary, as it could reach a favourable conclusion for the applicant based on the existing material, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration, directing that the first applicant be found to meet the specified criteria for the visa.