Bawa (Migration)

The Administrative Appeals Tribunal considered an application by Mr Bawa for a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream. The applicant sought review of a decision by the Department of Immigration and Border Protection to refuse to approve the nomination for the position of Store Manager. Mr Paulose, representing a sole trader, had made the nomination and signed an employment contract with the applicant.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the approval of the nomination. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant had satisfied clause 187.233. It noted that the nomination had been approved by the Department and not subsequently withdrawn. There was no adverse information before the Tribunal concerning Mr Paulose, the nominator. The Tribunal was satisfied that the position remained available to the applicant, and the visa application was made within the prescribed six-month period after the nomination's approval.

Consequently, the Tribunal set aside the Department's decision and remitted the visa application to the Minister for reconsideration of the remaining criteria for the grant of the visa. The Tribunal directed that the first applicant met the criteria under clause 187.233.