BACHHU (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision concerning a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for a Retail Manager (General). The primary dispute revolved around whether the nomination for the position had been approved, a crucial criterion for the visa.

The Tribunal was required to determine if the nomination for the position of Retail Manager (General) met the requirements of clause 187.233 of Schedule 2 to the relevant regulations. This involved assessing whether the nominated position was correctly identified, whether the employer was the nominator, whether the nomination had been approved and not withdrawn, and whether the visa application was lodged within the prescribed timeframe after nomination approval.

The Tribunal found that the nominated position was indeed the same as that declared in the visa application and that the employer was the nominator. Crucially, the Tribunal, relying on its previous decision to approve the appointment under subregulation 5.19(4), concluded that the nomination had been approved and that the visa applicant now met the requirements of clause 187.233. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfied clause 187.233.