Thomas (Migration)

This matter concerned an application for a Skilled Independent (Permanent) (Class SI) visa, Subclass 189 (Skilled – Independent) – New Zealand Stream. The applicant sought review of a decision made by the Department of Home Affairs. The case was heard by Member Mary Sheargold of the Administrative Appeals 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 to the *Migration Regulations 1994* (Cth) that applied to applications made before 10 December 2022. The Tribunal was required to determine if the applicant satisfied clauses 189.231B and 189.231A(a) of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the existing material, pursuant to section 360(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the application for reconsideration. The reconsideration was to proceed with the direction that the applicant meets the specified criteria for the Subclass 189 visa.