Zhong (Migration)

The Administrative Appeals Tribunal considered a review of a decision concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Dental Practice Manager. The applicant sought to have the decision affirmed, but the Tribunal ultimately concluded that the decision under review should be affirmed.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233(3) of the Migration Regulations 1994, which requires that the Minister has approved the employer's nomination. The Tribunal also had to consider the applicant's requests for postponement and adjournment of the hearing, as well as the procedural fairness obligations owed to the applicant under the Migration Act 1958 and the Administrative Appeals Tribunal Act 1975.

The Tribunal reasoned that the applicant had been afforded ample time to prepare their case, having applied for review in June 2018 and with the employer nomination finalised in December 2020. The Tribunal declined a request to postpone the hearing for three months, citing the need for the review to be fair, just, informal, economical, and quick, as mandated by statute. While an in-person hearing was initially requested, it was declined due to COVID-19 safety concerns, and the hearing proceeded by telephone. A brief adjournment was granted during the hearing, and the applicant was subsequently given an extended period to provide further evidence. The Tribunal also explained its process under section 359AA of the Migration Act, outlining how information that might lead to affirming the decision would be presented and how the applicant could respond.