KIM (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal (AAT) regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically the Direct Entry stream. The applicant, Mr. Kim, sought this visa, which required an approved nomination from a regional employer. The employer, Lolli Redini Holdings Pty Ltd ATF ST Hawke Family Trust, had applied for approval of a nomination for the position of Cook, which was initially refused by the Department of Immigration. Consequently, Mr. Kim's visa application was also refused.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of the Migration Regulations 1994, which pertains to the nomination of a position for a Direct Entry stream visa. This clause mandates that the nominated position must have been the subject of an approved nomination, that the nominator is the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons (or such information is disregarded), that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the employer, Lolli Redini Holdings Pty Ltd ATF ST Hawke Family Trust, was the nominator and prospective employer, and that their nomination for the Cook position had been approved by the Tribunal and not withdrawn. Furthermore, the Tribunal was satisfied that there was no adverse information known to the Department regarding the nominator or associated persons. The nominator confirmed the position remained available, and the visa application was made concurrently with the nomination, thus satisfying the time limit.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under cl.187.233 of Schedule 2 to the Regulations.