Federal Court. Is the Tribunal "confined to whatever may have been the issues that the delegate considered"? In other words, is the Tribunal confined to considering the same visa criteria assessed by the delegate?
A delegate of the Minister refused to grant the appellant a subclass 858 visa on the basis of non-satisfaction of cl 858.227 of Schedule 2 to the Migration Regulations 1994 (Cth).
On review, the Tribunal found that cl 858.227 was satisfied, but that cl 858.212(2) was not, with the result that it affirmed the delegate's decision.
The Federal Court answered the above question as follows:
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