Campuzano Becerra (Migration)

The Administrative Appeals Tribunal considered a matter concerning an applicant for a Subclass 187 (Regional Sponsored Migration Scheme) visa. The dispute arose after the Department refused to approve the nomination of a position for the applicant, which led the nominating employer to seek a review of that decision. The Tribunal ultimately set aside the Department's decision and substituted its own decision to approve the nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the relevant regulations. This clause, as applicable, stipulated several conditions, including that the nominated position must be located in regional Australia, identified the applicant, and be the subject of an approved nomination that had not been withdrawn. Further requirements included that the employer making the nomination must be the one employing the applicant, that there must be no adverse information known to Immigration concerning the nominator or associated persons, or that any such information must be reasonable to disregard. Additionally, the position must remain available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal's reasoning focused on assessing each of these criteria. It found that the nomination was made by an authorised official of G8 Education Limited, who was also the prospective employer. The Tribunal noted that the nomination had been approved and not withdrawn, and that there was no adverse information concerning the nominator. Furthermore, the Tribunal was satisfied that the position remained available to the applicant, evidenced by a recent employment contract, and that the visa application was lodged within the prescribed six-month period following the nomination's approval.

Consequently, the Tribunal concluded that the first named applicant met the criteria under clause 187.233. The Tribunal therefore remitted the primary applicant's visa application, along with those of any secondary applicants, to the Minister for reconsideration of the remaining visa criteria.