Takhar (Migration)

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

The primary legal issue before the Tribunal was the scope of its review. Specifically, the Tribunal had to determine whether its consideration of the visa application should be restricted to the specific issue that formed the basis of the delegate's adverse decision, in accordance with the Tribunal's President's Direction.

The Tribunal, applying paragraph 8.2 of the President's Direction, concluded that its consideration should indeed be restricted to the issue subject to the delegate's adverse decision. Consequently, the Tribunal remitted the application for reconsideration. The Tribunal directed that the first-named applicant meets the criteria under clause 187.233(3) of Schedule 2 to the Regulations.