Adhikari (Migration)

This matter concerned an appeal by a visa applicant against a decision to refuse a Subclass 187 (Regional Sponsored Migration Scheme) visa. The applicant sought review of the refusal of their visa application, which was made under the Direct Entry stream. The Tribunal was required to consider whether the applicant met the criteria for the visa, specifically clause 187.233(3) of the Regulations, which pertains to the approval of the nomination.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 187.233(3) and other related criteria under clause 187.233. This involved assessing whether the nominated position was the subject of an approved nomination, whether the nominator was the prospective employer, if the nomination had been withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within the prescribed timeframe after nomination approval. Additionally, the Tribunal had to consider the visa applications of secondary applicants who were refused on the basis of not satisfying clause 187.311.

The Tribunal found that the applicant met the criteria under clause 187.233, including that the nomination was approved and not withdrawn, the position remained available, and the visa application was lodged within six months of the nomination approval. The Tribunal also noted the absence of adverse information regarding the nominator. However, the Tribunal determined that the remaining criteria for the primary visa applicant, and consequently the secondary applicants, required further reconsideration by the Minister. Therefore, the Tribunal remitted the applications for reconsideration.