Baratto (Migration)

This matter concerned an application for a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream, for the position of Office Manager. The applicant's nomination by Serve Group Pty Ltd was initially refused by a delegate of the Minister for the Department of Home Affairs. Serve Group Pty Ltd sought review of this refusal. The Administrative Appeals Tribunal, constituted by Jade Murphy, considered whether the position to which the visa application related was the subject of an approved nomination.

The primary legal issue before the Tribunal was to determine whether the requirements of clause 187.233(1) of Schedule 2 to the Migration Regulations 1994 were met. This clause mandates that the position must be the subject of an approved nomination in the Direct Entry stream, located in regional Australia, and must be the position identified in the visa application. Further, for nominations made on or after 1 July 2017, the nomination must identify the applicant, the employer must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be disregarded), the position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal found that the nomination lodged by Serve Group Pty Ltd had been refused by a delegate but subsequently, on review, the Tribunal set aside that refusal and substituted a decision approving the nomination. As the nomination had been approved, the Tribunal concluded that clause 187.233(1) was satisfied. Consequently, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria.