Dhakal (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr. Prem Mani Dhakal concerning a Subclass 187 Regional Employer Nomination (Permanent) visa application. The dispute centred on whether the nominated position met the requirements of clause 187.223 of the Migration Regulations 1994, specifically regarding the approval of the employer's nomination.

The Tribunal was required to determine if the nominated position was the subject of an approved nomination that had not been withdrawn, if there was no adverse information concerning the nominator or associated persons, or if such information could reasonably be disregarded. Additionally, the Tribunal had to ascertain if the position was located in regional Australia, 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was with Halikos Group, that the nomination had been approved in a related AAT case, and that the position had not been withdrawn and remained available to Mr. Dhakal. It was also satisfied that the position was located in the Northern Territory, thus meeting the regional Australia requirement. The Tribunal noted that a sponsorship bar period had lapsed, making it reasonable to disregard any prior adverse information. Consequently, the Tribunal concluded that Mr. Dhakal met the criteria under clause 187.223.

The Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for all applicants, including Mr. Dhakal's family members. The Tribunal directed that Mr. Dhakal met the specified criteria for the Subclass 187 visa.