Hamilton-Fox (Migration)

The Administrative Appeals Tribunal considered the review applications of both the nominator and the applicant, who were represented by the same legal counsel. The dispute concerned a Subclass 187 (Regional Sponsored Migration Scheme) visa application, specifically whether the nominated position of Guest House Manager was located in regional Australia and was the subject of an approved nomination at the time of the visa application.

The Tribunal was required to determine if the requirements of clauses 187.223(1), (2), and (6) of Schedule 2 to the Migration Regulations 1994 were met. Clause 187.223(1) pertains to the declaration that the position is nominated under regulation 5.19 or a labour agreement, clause 187.223(2) relates to the approval of that nomination, and clause 187.223(6) concerns the timing of the visa application relative to the nomination approval.

The Tribunal reasoned that the applicant had declared the nominated position of Guest House Manager in their visa application, thereby satisfying clause 187.223(1). Furthermore, the Tribunal noted that the nominator's application for approval of the nomination had been approved on 15 December 2023, fulfilling clause 187.223(2). As the visa application was lodged before the nomination was approved, and not more than six months after its approval, clause 187.223(6) was also met. Consequently, the Tribunal found that these specific criteria were satisfied at the time of its decision.

The Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant met the criteria under clauses 187.223(1), (2), and (6). The remaining criteria for the Subclass 187 visa were to be assessed upon this remittal.