Arora (Migration)

This matter concerned an appeal by the applicant, Arora, against a decision by the Department of Immigration and Border Protection concerning a Subclass 187 Regional Employer Nomination (Permanent) visa. The applicant sought review of the Department's refusal to approve a nomination for the position of Transport Company Manager. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the nomination had been refused and, if not, whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the employer's nomination for the Transport Company Manager position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions for a Direct Entry nomination stream, including that the nominated position must be the subject of an approved nomination, that the nominator must be the intended employer, that the nomination must have been approved and not withdrawn, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the employer's nomination application, initially refused by the Department on 31 July 2017, was subsequently set aside by the Tribunal on 26 April 2018, with a decision substituting an approval for the Transport Company Manager position. Based on the evidence presented, the Tribunal was satisfied that the approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration, thus satisfying clause 187.233(1). Furthermore, the Tribunal found that the nominator was the intended employer and that the visa applicant now met the requirements of clause 187.233(3) in light of the Tribunal's approval of the appointment.

Consequently, the Tribunal found that the visa applicant satisfied the requirements of clause 187.233. The Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first applicant met the criteria specified in clause 187.233 for a Subclass 187 visa.