Sidhu (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Retail Manager. The applicant sought review of an adverse decision made by a delegate.

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(3) of Schedule 2 to the Regulations. The Tribunal's consideration was confined to the specific issue that formed the basis of the delegate's adverse decision, in accordance with the President's Direction on Conducting Migration and Refugee Reviews.

The Tribunal determined that the applicant did meet the relevant criteria. Consequently, the Tribunal remitted the application for reconsideration by the delegate, with the direction that the applicant satisfies clause 187.233(3) of Schedule 2 to the Regulations.