Chaudhary (Migration)

This matter concerned an application for a Subclass 187 Regional Sponsored Migration Scheme visa under the Direct Entry stream, specifically for the position of Retail Manager (General). The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the nomination for the position had been approved, as this was a key criterion under clause 187.223 of the relevant regulations.

The Tribunal considered the requirements of clause 187.223, which stipulated that the nominated position must be the subject of an approved nomination that has not been withdrawn, and that the visa application must be made within six months of the nomination's approval. The Tribunal found that the position nominated was the same as that declared in the visa application and that the nominator was the prospective employer. Crucially, the Tribunal relied on its previous decision to approve the nomination, finding that this satisfied the requirements regarding approval, non-withdrawal, and the position remaining available. The Tribunal also confirmed that the visa application was lodged within the six-month timeframe following the nomination approval.

Given these findings, the Tribunal concluded that the applicant met the requirements of clause 187.223. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.