Kase (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream, for the nominated position of Office Manager. The applicant's nominating employer, International Turnkey Projects Pty Ltd, had initially applied to the Department for approval of the nominated position, but this application was refused. The employer then sought review of the Department's decision before the Tribunal.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of the relevant regulations, particularly clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria that must be satisfied for a position to be approved, including that the position must be the subject of an approved nomination, that the employer who made the nomination is the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons (or such information can be disregarded), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that on 3 May 2018, it had set aside the Department's refusal and substituted a decision to approve the nomination under regulation 5.19(4). Consequently, the Tribunal concluded that clause 187.233 was met. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant met the criteria under clause 187.223(3) of Schedule 2 to the Regulations.