Daramola (Migration)

The Administrative Appeals Tribunal (AAT) considered a case involving Glenmoy Medical Centre Pty Ltd and Mrs Folukemi Omolola Elizabeth Daramola concerning a Subclass 187 Regional Sponsored Migration Scheme visa. The dispute arose when the Department of Immigration and Border Protection refused the employer's nomination for the position of Medical Practice Manager, and consequently, Mrs Daramola's visa application. The employer and Mrs Daramola sought review of these decisions by the Tribunal.

The primary legal issue before the Tribunal was whether the employer's nomination for the Medical Practice Manager position had been approved, as required by the Migration Regulations. This question was central to determining whether Mrs Daramola could satisfy the criteria for the Subclass 187 visa under the Direct Entry stream. The Tribunal also had to consider the implications of the employer's subsequent withdrawal of their application for review.

The Tribunal's reasoning focused on the procedural history and the regulatory requirements. It noted that the Department had refused the nomination on specific grounds related to the Regulations. Crucially, the employer subsequently withdrew their application for review of this refusal. Upon receiving this withdrawal, the Tribunal concluded it no longer had jurisdiction to review the delegate's decision regarding the nomination. As the nomination had not been approved and was effectively standing as refused due to the withdrawal, the Tribunal found that Mrs Daramola could not satisfy the essential criterion of an approved nomination for her visa application.

Consequently, the Tribunal affirmed the decision not to grant the Subclass 187 visa to Mrs Daramola. The Tribunal's decision was based on the finding that the necessary nomination approval had not been obtained and that the withdrawal of the review application by the employer meant the original refusal stood, thereby preventing the visa from being granted.