Camlian (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, direct entry stream, and related applications by family members. The primary dispute revolved around whether the applicant satisfied clause 187.233 of Schedule 2 to the Migration Regulations 1994, which pertains to the nomination of a position. The Administrative Appeals Tribunal (AAT) was required to determine if the nominated position met the specified criteria, including its location in regional Australia, the applicant's identification in relation to the position (where applicable), and the employer's identity.

The Tribunal was tasked with assessing whether the nominated position was the subject of an approved nomination, whether the nominator was the intended employer, if there was any adverse information concerning the nominator or associated persons, and if the position remained available to the applicant within the prescribed timeframe after nomination approval. The Tribunal noted that it had previously set aside the Department's decision to refuse the nomination application and substituted a decision to approve the nomination.

In its reasoning, the Tribunal found that the evidence indicated the original nominator would still employ the applicant in the nominated regional position and proceed with the nomination. The visa application was also made within the required six-month period following nomination approval, and no adverse information regarding the nominator was presented. Consequently, the Tribunal concluded that clause 187.233 was satisfied by the applicant.

The Tribunal remitted the visa application for reconsideration by the Minister, directing that the first applicant met the criteria under clause 187.233. The applications of the second and third applicants, who applied as members of the family unit, were to be determined by reference to the outcome of the primary applicant's reconsidered application.