Joshi (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking a Subclass 187 Regional Employer Nomination (Permanent) visa under the Direct Entry stream. The core dispute revolved around whether the nominated position for a Transport Company Manager had been approved in accordance with the relevant migration regulations.

The Tribunal was required to determine if the nominated position met the criteria set out in clause 187.233 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the position was the subject of an approved nomination application, whether the nominator was the intended employer, whether the nomination had been approved and not withdrawn, and whether there was any adverse information concerning the nominator or associated persons. The Tribunal also had to consider if the position remained available to the applicant and if the visa application was lodged within the prescribed timeframe after the nomination approval.

The Tribunal reasoned that it had previously set aside the Department's refusal of the employer's nomination application and substituted a decision approving the appointment for the Transport Company Manager position. Based on the evidence presented, 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 found that the applicant met the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa applications to the Minister for reconsideration, with a direction that the first applicant satisfied the criteria under clause 187.233 for a Subclass 187 visa.