Kaur (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Subclass 187 (Regional Sponsored Migration Scheme) visa application made by Ms Kaur. The dispute centred on whether the applicant met certain criteria for the visa, specifically relating to the nomination of a position.

The Tribunal was required to determine whether the nominated position of Retail Manager, located in regional Australia, met the requirements of clause 187.233 of the Migration Regulations. This involved assessing whether the position was the subject of an approved nomination, whether the nominator was the prospective employer, if the nomination had been withdrawn, if there was any adverse information concerning the nominator, and crucially, whether the position remained available to the applicant and if the visa application was lodged within the prescribed timeframe after the nomination's approval.

The Tribunal found that the nominator was the prospective employer and that the nomination for the Retail Manager position had been approved on 11 September 2020 and had not been withdrawn. It was also satisfied that no adverse information was known to the Department of Home Affairs regarding the nominator or associated persons. Furthermore, the Tribunal concluded that the position was still available to the applicant and that the visa application was made within six months of the nomination's approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 187.223 of Schedule 2 to the Regulations.