Javed (Migration)

This decision concerns an application for review of a decision to refuse a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for an Accountant (General) position. The applicant sought to have an approved nomination for this position recognised. The Tribunal, presided over by Karen McNamara, was tasked with determining whether the applicant met the relevant visa criteria.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of the Migration Regulations 1994. This clause requires, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval. The Tribunal also considered the secondary applicant's eligibility under clause 187.311, which relates to family unit members.

The Tribunal reasoned that despite the applicants' dismay and the apparent failure of their migration agent to properly assist them, the Tribunal was bound to apply the legislation as written. The applicant stated he was unable to contact the nominated employer and was informed by the Department that no nomination existed. The Tribunal acknowledged the applicants' circumstances but concluded that the legislative requirements of clause 187.233 had not been met. Consequently, the Tribunal affirmed the decision under review.