SILVEIRA MATTOS (Migration)

The applicant, Mrs Susane Yoshida Inomata, sought review of a decision concerning her application for a Subclass 186 (Employer Nomination Scheme) visa, Direct Entry stream. Her application was made as a member of the family unit of Mr Silveira Mattos. The decision under review was made by the Administrative Appeals Tribunal (AAT).

The primary legal issue before the court was whether the AAT had erred in its decision regarding the applicant's visa application. Specifically, the court was required to consider the implications of the AAT's decision to remit the applications for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme) visas, for reconsideration.

The Tribunal remitted the applications for reconsideration with a direction that the first named applicant, Mr Silveira Mattos, met the criteria under clause 187.233(3) of Schedule 2 to the Regulations for a Subclass 187 visa. Consequently, Mrs Inomata's application, being made as a member of Mr Mattos' family unit, would be determined by reference to the outcome of his application upon remittal. The Tribunal's decision was made by Member Katie Malyon.