Kaur (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 187 Regional Sponsored Migration Scheme visa. The applicant, Ms Kaur, sought to have her visa application reconsidered after a previous decision. The core of the dispute revolved around whether the nominated position met the requirements of the relevant migration regulations.

The Tribunal was required to determine if the nominated position would provide the applicant with employment for at least two years, if the applicant met the age requirements for the visa at the time of application, and if the applicant possessed the required English language proficiency. Additionally, the Tribunal had to consider the validity of the nominated position itself, specifically in relation to clause 187.233(1) of Schedule 2 to the Regulations.

The Tribunal found that the applicant had provided evidence satisfying the requirement for employment for at least two years, with a contract formalised to extend beyond the approval of the nominated position. The applicant also met the age requirement, being 35 at the time of application, and had completed relevant vocational qualifications. However, the Tribunal noted that the applicant's English language proficiency, while mentioned, was not fully detailed in the provided text. Crucially, the Tribunal identified a specific criterion, cl.187.233(1), that needed further consideration regarding the nominated position.

Consequently, the Tribunal remitted the application for reconsideration. The direction was that the applicants must meet the criteria for a Subclass 187 visa, with a specific focus on cl.187.233(1) of Schedule 2 to the Regulations.