Jattana (Migration)

This matter concerned an application for a Subclass 187 Regional Sponsored Migration Scheme visa, specifically under the Direct Entry stream, for the position of Panelbeater. The primary dispute before the Tribunal was whether the nomination for the position had been approved, a prerequisite for the visa application.

The legal issue before the Tribunal was to determine if the applicants had satisfied the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause mandates, among other things, that the position be nominated in an approved application, that the employer be the nominator, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicants had met the requirements of clause 187.233. It relied on its previous decision which had set aside the Department's refusal and substituted a decision approving the appointment for the position of Panelbeater. Based on the evidence presented, the Tribunal was satisfied that the approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration. Consequently, the Tribunal found that the first named visa applicant satisfied clause 187.233.

Given these findings, the Tribunal remitted the visa applications to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the first named applicant meets clause 187.233.