Gabriel (Migration)

The Administrative Appeals Tribunal considered an application by Mr Gabriel concerning a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream. The dispute centred on the refusal of his employer's nomination for him to work in a regional area.

The primary legal issue before the Tribunal was whether Mr Gabriel met the requirement for an approved nomination, as stipulated by clause 187.233(2) of the relevant migration regulations. The Tribunal also had to determine if Mr Gabriel had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream.

The Tribunal reasoned that the previous refusal of the nomination meant that, at the time of the current decision, there was no approved nomination in place. Mr Gabriel's submission regarding a new nomination did not constitute an approved nomination. Consequently, the requirement under clause 187.233 was not met. As the specific criteria for the Direct Entry stream had not been satisfied, the Tribunal affirmed the decision to refuse the visa.