Dhruv (Migration)

The Administrative Appeals Tribunal considered an application concerning a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically the Temporary Residence Transition stream. The dispute involved the applicant's eligibility for the visa, which is contingent upon an approved nomination. A previous nomination had been refused by a delegate, but this decision was subsequently reviewed and approved by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 187 visa, particularly in light of the approved nomination. The Tribunal was required to determine the implications of the delegate's refusal and the subsequent approval of the nomination by the Tribunal itself on the applicant's eligibility.

The Tribunal reasoned that the approved nomination satisfied a key requirement for the visa. Consequently, the Tribunal remitted the primary applicant's application for reconsideration with a direction that the applicant meets the criteria under cl.187.223 of Schedule 2 to the Regulations. Furthermore, the Tribunal was satisfied that the secondary applicants met the requirements for the grant of their respective visas, directing that they meet the criteria under cl.187.311 of Schedule 2 to the Regulations.