Culion (Migration)

The Administrative Appeals Tribunal considered a matter involving an applicant for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the temporary residence transition stream. The core dispute concerned whether an approved nomination for the applicant's position as a Café Manager in Darwin met the requirements of clause 187.223 of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position was the subject of an approved nomination in the Temporary Residence Transition stream, if there was any adverse information known to the Department about the nominator, and if it was reasonable to disregard such information. Further issues included whether the position was located in regional Australia, remained available to the applicant, and if the visa application was made within six months of the nomination's approval.

The Tribunal found that while the employer had a prior sanction, this period had ceased, and the employer had since been approved as a standard business sponsor and for other nominations. Considering these factors, the Tribunal determined it was reasonable to disregard the past adverse information. As Darwin was regional Australia, the position was available, and the application was made within the relevant timeframe, the Tribunal concluded that clause 187.223 had been met.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the applicant met the criteria under clause 187.223.