Bui (Migration)

This matter concerned an application for a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream, for the position of Café and Restaurant Manager. The primary applicant was Sunsets Wagga Pty Ltd, represented by its owner Ms Natalie Prestia, who also made the nomination. The secondary applicant was Mrs Quynh Nhu Dang, who applied as a member of the primary applicant's family unit. The Administrative Appeals Tribunal was required to determine whether the primary applicant satisfied clause 187.233 of the Migration Regulations 1994, which outlines the requirements for the nomination of a position in the Direct Entry stream.

The Tribunal was tasked with assessing whether the nomination met the criteria stipulated in clause 187.233, including that the position was located in regional Australia, identified the applicant, was made by the prospective employer, had been approved and not withdrawn, that there was no adverse information concerning the nominator or associated persons, that the position remained available, and that the visa application was lodged within six months of the nomination's approval. Additionally, the Tribunal needed to consider the refusal of the secondary applicant's visa application based on clause 187.311, which requires the applicant to be a family member of a primary applicant who holds the Subclass 187 visa and to have made a combined application.

The Tribunal found that the primary applicant satisfied clause 187.233. It noted that the nomination was for a Café Manager position, that Ms Prestia, the owner of Sunsets Wagga Pty Ltd, made the nomination and signed the employment contract, and that the visa application was made within the prescribed timeframe. The Tribunal also found no adverse information regarding the nominator and confirmed the position remained available. Consequently, the Tribunal concluded that the primary applicant met the criteria under clause 187.233 and remitted the primary visa application to the Minister for consideration of the remaining criteria. The Tribunal also remitted the secondary applicant's visa application for reconsideration.