KAUR (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for an applicant nominated for the occupation of Cook. The primary dispute revolved around whether the nominated position had been approved, a prerequisite for the visa application.

The Tribunal was required to determine if the applicant met the criteria for the visa, specifically whether the nominated position was the subject of an approved nomination under the relevant regulations. This involved assessing whether the nomination, initially refused by the Department, had subsequently been approved.

The Tribunal found that the nominated position, held by the applicant and nominated by Diwali Pty Ltd, had indeed been approved by the Tribunal on 26 November 2021, setting aside the Department's refusal. As this essential criterion, cl.187.233(3) of Schedule 2 to the Regulations, was now satisfied, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal also directed that the secondary applicants' applications be reconsidered in light of the primary applicant's approved nomination.