Cheung (Migration)

This matter concerned an application for a Subclass 187 Regional Sponsored Migration Scheme (RSMS) visa under the Direct Entry stream, brought before the Tribunal by the applicant, Cheung. The central dispute revolved around whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position, that of a Liaison Officer, satisfied the criteria outlined in clause 187.233. Specifically, this involved assessing whether the position was located in regional Australia, whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nominated position was indeed located in regional Australia and that the nominator, The Trustee for the Sturgess Family Trust, was the prospective employer. The nomination was approved on 9 January 2019 and had not been withdrawn. The Tribunal was not aware of any adverse information regarding the nominator or associated persons, and it was satisfied that the position remained available to the applicant. Crucially, the visa application was made before the nomination was approved, meaning it was not lodged more than six months after approval. Consequently, the Tribunal concluded that the applicant met the requirements of clause 187.233.

Given that clause 187.233 was the sole point of contention, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the applicant meets the criteria specified in clause 187.233 for a Subclass 187 visa.