Javed (Migration)

This matter concerned an application for a Subclass 187 Regional Sponsored Migration Scheme visa, specifically within the Temporary Residence Transition stream, for the position of Motor Mechanic. The applicant sought review of a decision that had refused their visa application. The Tribunal was required to determine whether the nomination for the position had been approved, as this was a critical criterion for the visa.

The Tribunal was tasked with assessing whether the nomination met the requirements of clause 187.223 of Schedule 2 to the Migration Regulations. This involved determining if the nominated position was the same as that identified in the nomination application and visa application, if the nominator was the intended employer, if the nomination had been approved and not withdrawn, if there was no adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination approval.

The Tribunal found that the nomination criteria under clause 187.223 were satisfied. It relied on its previous findings in a nomination application, which had set aside a departmental decision and substituted an approval for the Motor Mechanic position. The Tribunal was satisfied that the approved position corresponded to the one in the nomination and visa applications, that the nominator was the intended employer, and that the nomination had not been withdrawn and the position remained available. Furthermore, the visa application was made within the six-month timeframe following the nomination approval.

Consequently, the Tribunal concluded that the visa applicant met the requirements of clause 187.223. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had satisfied this specific criterion.