Cecil (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa application under the Direct Entry stream. The applicant sought review of a decision to refuse the visa, which was predicated on the approval of a nomination for the position of Aircraft Maintenance Engineer (Mechanical).

The primary legal issue before the Tribunal was whether the nomination for the applicant's position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several criteria, including that the nominated position must be located in regional Australia, that the employer who made the nomination is the one who will employ the applicant, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nominated position, as approved in a prior Tribunal decision, was the same position that was the subject of the relevant nomination application and the visa application declaration, thus satisfying clause 187.233(1). It also found that the employer was the nominator, meeting clause 187.233(2). Crucially, given the Tribunal's prior approval of the appointment under regulation 5.19(4), it concluded that the visa applicant now met the requirements of clause 187.233(3), which pertains to the Minister's approval of the nomination.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfies the criteria specified in clause 187.233.