Chan (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, direct entry stream, by an applicant whose employer nomination had been refused by the Department. The applicant subsequently sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of Schedule 2 to the Migration Regulations 1994, specifically subclause (3) which requires that the nomination be approved by the Minister. The Tribunal also considered the implications of a subsequent approval of the nomination by the Tribunal itself.

The Tribunal reasoned that while the Department had initially refused the nomination, the Tribunal had, on 14 December 2020, approved the nomination lodged by the applicant's associated nominator. Consequently, the Tribunal found that the applicant had satisfied clause 187.233(3). Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant met criterion 187.233(3).