Sun (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Sun for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the direct entry stream for a marketing specialist. The core of the dispute concerned the refusal of the applicant's nomination application, which had been set aside on review by the AAT. The Tribunal was tasked with making a fresh decision regarding the nomination.

The primary legal issue before the AAT was whether the nominated position of marketing specialist was genuine and whether the applicant possessed the necessary skills and experience to perform the role. This involved assessing the employer's business, the proposed duties of the marketing specialist, and the applicant's qualifications and employment history against the requirements of the visa subclass.

In its reasoning, the AAT noted that the previous decision to refuse the nomination had been made without affording the applicant and the nominator a proper opportunity to be heard. The Tribunal applied the principles of procedural fairness, finding that the decision-maker had failed to adequately consider all relevant information and submissions. Consequently, the AAT remitted the matter back to the Department of Home Affairs for a fresh decision, directing that it be made after providing the parties with an opportunity to present their case and considering all available evidence.