DHILLON (Migration)

This matter concerned an appeal by the applicant, Mr. Dhillon, against a decision to refuse his Subclass 187 (Regional Sponsored Migration Scheme) visa application under the direct entry stream. The nominated position was that of a Primary Products Inspector. The Administrative Appeals Tribunal (AAT) was required to determine whether the nominated position met the relevant criteria under clause 187.233 of Schedule 2 to the Migration Regulations.

The primary legal issue before the Tribunal was whether the nomination for the position of Primary Products Inspector had been approved and met the specific requirements of clause 187.233. This clause outlines several conditions, including that the position must be nominated in accordance with specific subregulations, that the employer must be the nominator, that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration or that such information is reasonable to disregard, that the position must still be available, and that the visa application must be made within six months of the nomination approval.

The Tribunal found that the nominated position was the same as that declared in the visa application and that the employer was the nominator. Crucially, the Tribunal relied on its previous decision of 18 September 2018, which set aside the Department's refusal and substituted a decision approving the appointment for the position. Based on this prior approval, the Tribunal concluded that the visa applicant met the requirements of clause 187.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a specific direction that the applicant met the requirements of clause 187.233.