Daljit Kaur (Migration)

The Administrative Appeals Tribunal considered the matter of Daljit Kaur, an applicant for a Subclass 187 (Regional Sponsored Migration Scheme) visa. The dispute concerned whether Ms. Kaur met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. The Tribunal was tasked with determining if the nominated position met the specified criteria, including its location in regional Australia, the nominator's identity, the approval and non-withdrawal of the nomination, the absence of adverse information, the continued availability of the position, and the timeliness of the visa application relative to the nomination approval.

The Tribunal's reasoning focused on assessing each sub-criterion of clause 187.233. It found that the applicant was nominated by the Williams Family Trust for the position of Personal Assistant, and this employer was the nominator. Crucially, the Tribunal noted that a prior refusal of the nomination had been set aside by the Tribunal itself on 25 November 2020, with a substituted decision to approve the nomination. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within six months of the nomination's approval. Furthermore, the Tribunal found no evidence of adverse information known to the Department concerning the nominator or associated persons, or that it would be unreasonable to disregard any such information.

Based on these findings, the Tribunal concluded that clause 187.233 of the Regulations was met. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the first named applicant had satisfied the criteria under clause 187.233. The Minister was then to consider the remaining criteria for the grant of the visa.