Kannangara (Migration)

The Administrative Appeals Tribunal considered the case of Ms Kannangara, who sought review of a decision concerning her application for a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream, for the position of Contract Administrator. The core dispute revolved around whether the applicant's nominated position met the requirements for an approved nomination under the relevant migration regulations.

The Tribunal was required to determine whether the applicant satisfied clause 187.233 of the Migration Regulations, which mandates that the position be the subject of an approved nomination in regional Australia, with specific requirements for nominations made after 1 July 2017. These requirements include the nominator being the employer, the nomination being approved and not withdrawn, the absence of adverse information, the continued availability of the position, and the visa application being lodged within six months of the nomination's approval.

The Tribunal's reasoning focused on the status of the nomination application. Records indicated that the nominator applied to have the position of Contract Administrator approved with Ms Kannangara as the nominee on 2 March 2018. This nomination application was refused on 7 June 2019, and subsequent review by the Tribunal on 22 July 2021 affirmed the refusal of the nomination. The Tribunal notified Ms Kannangara of this information and invited her response, which she provided by stating her intention to attend a hearing. However, as the nomination itself had been refused and affirmed as refused, the Tribunal concluded that the requirement for an approved nomination under clause 187.233(3) was not met.

Consequently, the Tribunal affirmed the decision under review, finding that Ms Kannangara did not meet the criteria for the visa due to the lack of an approved nomination for the Contract Administrator position.