Carnevale (Migration)

This matter concerned an application for review of a decision by the Department of Immigration to refuse a nomination for a Subclass 187 Regional Sponsored Migration Scheme visa. The applicant's prospective employer, Ainsbury Holdings Pty Ltd, had lodged the nomination application, which was initially refused by the Department on 31 March 2017. Ainsbury Holdings Pty Ltd subsequently sought review of this decision by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the nomination for the Mechanical Engineer position, made by Ainsbury Holdings Pty Ltd, met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. Specifically, the Tribunal needed to determine if the nomination had been approved, as required by subclause 187.233(3).

The Tribunal found that it was able to determine the matter on the basis of the material before it, without requiring a hearing. It noted that the nomination application had been refused by the Department, but that Ainsbury Holdings Pty Ltd had applied for review. On 9 April 2019, the Tribunal set aside the Department's refusal and substituted its own decision, approving the nomination. Consequently, the Tribunal was satisfied that the nomination had been approved. The Tribunal therefore remitted the visa application to the Minister for reconsideration, directing that the first named applicant met the criteria under clause 187.233(3) of Schedule 2 to the Regulations.