HUANG (Migration)

This matter concerned an appeal before the Migration Review Tribunal regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa application under the Direct Entry stream. The applicant sought a visa as a massage therapist, but their employer's nomination for the position was initially refused by the Department. The Tribunal was tasked with reviewing this refusal.

The primary legal issue before the Tribunal was whether the employer's nomination for the massage therapist position met the requirements of clause 187.233 of the Migration Regulations. This clause outlines several criteria, including that the nominated position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the person employing the applicant must be the nominator. The Tribunal also needed to consider whether the visa application was lodged within the prescribed timeframe after the nomination approval.

The Tribunal reasoned that it had previously set aside the Department's refusal and approved the nomination for the position of Massage Therapist. Based on the evidence presented, the Tribunal was satisfied that the approved position was indeed the same one that was the subject of the relevant nomination application and the visa application declaration. Furthermore, the Tribunal found that the employer who made the nomination was the same person who would employ the applicant, and that the nomination had been approved. Consequently, the Tribunal concluded that the applicant met the requirements of clause 187.233.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the requirements of clause 187.233 of Schedule 2 to the Regulations.