Sulman (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Sulman concerning a Regional Employer Nomination (Permanent) (Class RN) visa, specifically the Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream. The applicant, Mr Sulman, sought review of a decision relating to his application for this visa, which was based on an approved nomination for the occupation of Retail Manager.

The primary legal issue before the Tribunal was whether the applicant met the eligibility requirements for the Subclass 187 visa, particularly in relation to the nominated occupation and the applicant's skills and experience. The Tribunal was required to assess the validity of the employer's nomination and whether the applicant's qualifications and employment history aligned with the requirements for a Retail Manager in the context of the visa subclass.

In its reasoning, the Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth), along with relevant policy guidelines. The Tribunal found that the initial decision had failed to adequately consider certain aspects of the evidence presented by the applicant and the nominator. Consequently, the Tribunal determined that the matter should be remitted to the delegate for reconsideration. The Tribunal ordered that the decision under review be set aside and remitted to the Immigration Assessment Authority for a new decision to be made according to law.