BHATTI (Migration)

The Administrative Appeals Tribunal considered a visa application concerning the criteria for a Subclass 187 (Regional Sponsored Migration Scheme) visa. The primary issue before the Tribunal was whether an approved nomination was in place for the applicant, as required by clause 187.233 of Schedule 2 to the Migration Regulations.

The Tribunal was required to determine if the applicant met all the specific requirements of clause 187.233. These requirements included that the position nominated be in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to the Department or that such information be disregarded, that the position remain available to the applicant, and that the visa application be made within six months of the nomination's approval.

Applying the evidence before it, including material from the Department and a previous decision concerning the nominator, Affinity Education Group Limited, the Tribunal found that the applicant satisfied each limb of clause 187.233. The Tribunal concluded that the position was the subject of an approved nomination in regional Australia, that Affinity was the employer, that the nomination had not been withdrawn, and that no adverse information was presented. Furthermore, the Tribunal was satisfied, based on oral evidence, that the position remained available and that the visa application was lodged within the prescribed timeframe after the nomination's approval.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first applicant met the criteria under clause 187.233.