Clemente (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream, specifically for an Office Manager position. The primary dispute revolved around whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. The Administrative Appeals Tribunal (AAT) was required to determine if the nomination had been approved and if the other criteria under that clause were satisfied.

The Tribunal was tasked with considering whether the nominated position was the subject of an approved nomination application, as required by clause 187.233. This involved examining whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination approval. The Tribunal also had to consider the applications of family unit members who applied on the basis of their relationship to the primary applicant.

The Tribunal reasoned that while the nomination application was initially refused, this decision was subsequently set aside by the AAT on 27 January 2023, and a decision to approve the nomination was substituted. This finding meant that clause 187.233(3) was satisfied. Given this determination, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration of the remaining visa criteria for the primary applicant and their family unit members.