JERVIS (Migration)

This matter concerned an application for a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream, for the position of Spa Manager. The applicant, Ms Jervis, sought review of a decision concerning her visa application. The dispute centred on whether Ms Jervis met the requirements of clause 187.233 of the Migration Regulations 1994. The decision was made by the Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant, Ms Jervis, satisfied clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several requirements for the nominated position, including that it must be located in regional Australia, be the subject of an approved nomination that identifies the applicant, and that the employer who made the nomination will employ the applicant. Further requirements include that the nomination has not been withdrawn, there is no adverse information known to Immigration concerning the nominator or associated persons, the position remains available, and the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominated position of Spa Manager with Olive Grove Enterprises Pty Ltd met all the specified criteria under clause 187.233. The Tribunal was satisfied that the position was in regional Australia, was the subject of an approved nomination identifying Ms Jervis, and that Olive Grove Enterprises Pty Ltd was the nominator and prospective employer. It was also satisfied that the nomination had not been withdrawn, no adverse information existed, the position remained available, and crucially, that the visa application was made within the six-month timeframe after the nomination's approval.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that Ms Jervis met the criteria under clause 187.233. The Tribunal also recommended that the secondary applicant, Mr Sumner, who applied as a member of Ms Jervis' family unit, have his application reconsidered in light of Ms Jervis meeting this specific criterion.