Wang (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Wang concerning a Subclass 186 Employer Nomination Scheme visa application under the Temporary Residence Transition stream. The applicant, Wang, sought review of a decision that had effectively refused the visa due to an unapproved nomination.

The primary legal issue before the AAT was whether the delegate had erred in failing to approve the employer's nomination, which was a prerequisite for the visa application. The Tribunal was required to determine if the nomination met the relevant legislative criteria and if the delegate had properly considered all the evidence presented.

In its reasoning, the AAT applied the principles of administrative law, focusing on the merits review function of the Tribunal. The Tribunal found that the delegate had not adequately considered certain aspects of the nomination and the supporting documentation. Consequently, the AAT determined that the decision under review was not the correct or preferable one. The Tribunal remitted the matter to the delegate for reconsideration and a fresh decision according to law.