Dulman v Minister for Immigration

This matter concerned an application for a Subclass 187 visa by Fritz Alipala Dulman, which was refused by a delegate of the Minister for Immigration and Citizenship. The applicant sought review of this decision before the Migration Review Tribunal. The core of the dispute revolved around whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994, specifically concerning the nomination and approval of the position by an employer.

The legal issues before the Tribunal were whether the applicant had satisfied the criteria for the grant of a Regional Employer Nomination visa, particularly in relation to clause 187.233, which requires the nominated position to have been approved. The Tribunal also considered whether the applicant met the requirements of regulation 187.242 under the Agreement stream, which necessitates a nominated position in accordance with a labour agreement.

The Tribunal found that the nomination lodged by C ASHTON & G.J ASHTON, which was relevant to paragraph 187.233(1), had been refused by a delegate of the Minister. Consequently, the Tribunal concluded that criterion 187.233(3) was not met, and therefore, the applicant did not satisfy the requirements of clause 187.233. Furthermore, as no correlating position was nominated by an employer under a labour agreement, the Tribunal was not satisfied that the applicant met the requirements of regulation 187.242. The applicant's application for the Subclass 187 visa was therefore refused.