ABELLA (Migration)

This matter concerned an appeal before the Migration Review Tribunal regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa application under the Direct Entry stream. The core dispute revolved around the approval of the applicant's nomination for the position of Migration Agent.

The Tribunal was required to determine whether the nomination for the position had been approved, as stipulated by clause 187.233 of the relevant regulations. This involved assessing whether the nominated position was the same as that declared in the visa application, whether the employer was the nominator, and whether the nomination had been approved and not withdrawn. The Tribunal also needed to consider the presence of any adverse information concerning the nominator or associated persons, and the timeframe between the nomination approval and the visa application.

The Tribunal reasoned that it had previously set aside the Department's refusal decision and substituted a decision approving the appointment for the position of Migration Agent. Based on this prior finding, the Tribunal was satisfied that the approved position corresponded to the one nominated and declared in the visa application, and that the employer was indeed the nominator. Consequently, the Tribunal found that the applicant met the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the requirements of clause 187.233 for the Subclass 187 visa.