Joubert (Migration)

This matter concerned an appeal by a visa applicant against the refusal of a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the direct entry stream for an Event Manager position. The primary dispute revolved around whether the applicant satisfied clause 187.233(3) of the relevant regulations, which pertains to the approval of the nominated position. The decision was made by De-Anne Kelly of the Tribunal.

The core legal issue before the Tribunal was to determine if the applicant met the requirements of clause 187.233(3), which mandates that the Minister has approved the nomination for the position. This clause, along with others detailed in the decision, requires that the nominated position be located in regional Australia, be the subject of an approved nomination application, and that the applicant be identified in relation to that position if the nomination was made after 1 July 2017. Further criteria include the employer being the nominator, the nomination not being withdrawn, the absence of adverse information concerning the nominator or associated persons (or that such information is reasonable to disregard), the position remaining available, and the visa application being lodged within six months of the nomination's approval.

The Tribunal found that the applicant satisfied clause 187.233(3) and the associated criteria. It noted that the nominating employer, Access Seminars Australia Pty Ltd, represented by its director, had made the nomination and provided an employment contract. The Tribunal had previously set aside the Department's refusal of the nomination application and substituted a decision to approve it. There was no adverse information before the Tribunal regarding the nominator, the position was still available, and the visa application was lodged within the prescribed six-month period after the nomination's approval. Consequently, the Tribunal determined that the primary visa applicant met the criteria under cl.187.233.

Given these findings, the Tribunal remitted the primary visa applicant's application to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal also considered it appropriate to remit the secondary applicant's visa application, Mr Percy Jesaja VAN DEN BERG, for reconsideration.