Sharma (Migration)

This matter concerned an application for a Skilled Independent (Permanent) (Class SI) visa, Subclass 189 (Skilled – Independent) – New Zealand Stream, made by the applicant before 10 December 2022. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically in light of new amendments that applied to applications made before the specified date. The Tribunal was required to determine if the applicant satisfied clauses 189.231B and 189.231A(a) of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable finding for the applicant 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, directing that the first applicant met the specified visa criteria.