Joshi (Migration)

This matter concerned an appeal by a visa applicant against a decision by the Department of Immigration and Border Protection to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The central dispute revolved around whether the employer's nomination for the applicant's position had been approved, a prerequisite for the visa.

The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause mandates, among other things, that the position to which the visa application relates must be the subject of an approved nomination, that the nominator must be the prospective employer, and that the nomination must not have been withdrawn and no adverse information should be known to the Department.

The Tribunal found that the employer had lodged a nomination application on 16 June 2017, which was subsequently refused by a delegate on 5 December 2017. However, on 2 August 2018, the Tribunal set aside the delegate's decision and substituted its own decision, approving the nomination for the position of Transport Company Manager. The Tribunal was satisfied that this approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration. Consequently, the Tribunal concluded that the applicant met the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria specified in clause 187.233. The Minister was to consider the remaining criteria for the visa.