Tattle (Migration)

The applicant, Tattle, sought review of a decision concerning their application for a Skilled Independent (Permanent) (Class SI) visa, Subclass 189 (Skilled – Independent) – New Zealand Stream. The application was made before 10 December 2022, and the review was conducted by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 189 visa, specifically in light of amendments that applied to applications made before the specified date. The Tribunal was required to determine if the applicant satisfied the relevant clauses of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, as it could find in favour of the applicant based on the existing material, pursuant to section 360(2)(a) of the Act. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in cl 189.231B and cl 189.231A(a) of Schedule 2 to the Regulations.