BISWOKARMA (Migration)

This matter concerned an application for review by The Thomas Blamey Hotel Pty Ltd ATF The Trustee for Glenton Unit Trust (the applicant) of a decision by a delegate of the Minister for the Department of Home Affairs to refuse a nomination application. The applicant sought reconsideration of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination, as required by clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several requirements for an approved nomination, including that the position must be located in regional Australia, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the nomination lodged by the applicant had initially been refused on 6 March 2018. However, following an application for review lodged on 26 March 2018, the Tribunal set aside the delegate's decision and substituted a new decision approving the nomination on 30 November 2020. As the nomination was now approved, the Tribunal concluded that clause 187.233(1) of the Regulations was met.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 187.233(1) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the Subclass 187 (Regional Sponsored Migration Scheme) visa.