Hans (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa application under the Direct Entry stream. The applicant sought a visa as a Retail Manager (General), and the core of the dispute revolved around the approval of the employer's nomination for the position. The Tribunal was tasked with determining whether the nomination had been validly approved and met the relevant legislative criteria.

The Tribunal was required to assess whether the nominated position met the requirements of clause 187.233 of the Migration Regulations. This involved determining if the position was correctly nominated, if the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within the prescribed timeframe after nomination approval. The Tribunal also needed to consider the evidence provided by the applicant, including submissions and supporting documentation previously submitted to the department.

In its reasoning, the Tribunal found that the approved position was indeed the same as that subject to the nomination application and the visa application declaration, thus satisfying clause 187.233(1). It also concluded that the employer was the nominator, fulfilling clause 187.233(2). Crucially, the Tribunal relied on its prior decision approving the appointment under regulation 5.19(4) to find that the visa applicant now met the requirements of clause 187.233(3), which pertains to the Minister's approval of the nomination.

Consequently, the Tribunal determined that the visa applicant satisfied the requirements of clause 187.233. Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.